SESSION LAWS - Washington State Legislature

SESSION LAWSOF THE

STATE OF WASHINGTON

EXTRAORDINARY SESSION

Convened March 22, Adjourned March 23

1920

Compiled in Chapters' by

I. M. HOWELL,

Secretary of State

Marginal Notes and Index by

L. L. THOMPSON,. Attorney General

PUBLISHED BY AUTHORITY

OLYMPIA

FRANK M. LAMBORN PUBLIC PRINTER

1920

EXPLANATORY.

In accordance with a proclamation issued by the Gov-ernor, under date of March 2, 1920, the Legislature ofthe State convened in Extraordinary Session upon March*22, 1920, at 12 o'clock noon, and adjourned sine die onMarch 23, 1920.

All acts passed by said session were approved by theGovernor and take effect ninety days after adjournment,or 12 o'clock,. midnight, June 18, 1920, with the exceptionof Chapter 3, which declared an emergency and tookeffect upon March 25, 1920, the date same was approvedby the Governor.

I. M. HOWELL,

Secretary of State.

STATUTES OF WASHINGTON

1920

PASSED BY THE

EXTRAORDINARY SESSION,OF THE

LEGISLATURE

CONVENED MARCH 22, 1920

ADJOURNED MARCH 23, 1920

LAWS OF WASHINGTONPASSED AT THE

Extraordinary Session

1920

CHAPTER 1.[H. B. 2.1

VETERANS' EQUALIZED COMPENSATION ACT.

AN ACT providing for the payment of equalized compensation toveterans of the war with the Central Allied Powers, author-izing the issuance and sale of state bonds and the levy of atax to pay said bonds, making ai appropriation, providingpenalties, and providing for the submission of this act to avote of the people.

Be it enacted by the Legislature of the State ofWashington:

SECTION 1. There shall be paid to each person Qualifca-tios of

who was regularly called, enlisted, drafted, in- recipients.

ducted or commissioned and who served on activeduty in the Army, Navy or Marine Corps of theUnited States between the 6th day of April, 1917,and the 11th day of November, 1918; and to eachperson who, being a citizen of the United States atthe time of his entry therein, served on active dutyin the naval, military or air forces of any of thegovernments associated with the United Statesduring the war with the central allied powers be-tween the 6th day of April, 1917, and the 11th dayof November, 1918; and who, at the time of his call,enlistment, induction, commission or service, was abona fide resident of the state of Washington, the Amount.

sum of fifteen dollars ($15.00) for each and everymonth or major fraction thereof of active duty per-

LAWS OF EXTRAORDINARY SESSION, 1920

formed subsequent to April 6, 1917, and prior toNovember 11, 1919: Provided, That if any such

Repayment person shall have borrowed money from the Vet-of Stateloans. eran's Welfare Commission and shall have failed

to repay said money,.then the amount thereof shallbe deducted fromany sums payable to any suchperson under this act and said loan shall thereuponbe cancelled and discharged: Provided, further,That persons who have received extra compensation

Foreign com- from any other state, or nation other than thepensation.

United States for such active service shall not beentitled to compensation under this act unless theamount of compensation so received is less than theywould be entitled to hereunder, in which event theyshall receive the difference between the compensa-tion allowable under this act and the extra compen-sation already received from such other state ornation: Provided, further, That persons who have

Increased received greater compensation than the regular payof the Army, Navy or Marine Corps and commuta-tion for quarters and subsistence, shall not be en-titled to receive compensation under this act unlessthe amount of extra compensation so received isless than they would be entitled to hereunder, inwhich eVent they shall receive the difference be-tween the compensation allowable under this act andsuch extra compensation. In case of the death of

Payment any such person while in such service an equalto heirs.

amount shall be paid to his surviving widow, if notremarried at the time compensation is requested,.orin case he left no widow and left children, then tohis surviving children, or in the event he left nowidow or children, then to his surviving parent orparents if actually dependent upon such deceasedperson for support. Persons of the female sex, or

Sex no bar. their surviving children or parents, who are in allother respects within the terms of this act, shall beentitled to compensation thereunder.

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SEC. 2. The word "person," as used in see- Persioed

tion 1 of this act, shall not include persons, who,during the period of their service, refused, on con-scientious, political or other grounds, to subjectthemselves to full military discipline or unqualifiedservice, or who, while in such service, were separatedtherefrom under circumstances amounting to a dis-honorable discharge and who have not subsequentlybeen officially restored to an honorable status, andsuch person shall not be entitled to the benefits ofthis act.

SEC. 3. All disbursements required by this act Audor'e

for compensation shall be made upon the presenta-tion of a certificate upon a form to be prescribed bythe state auditor, which certificate shall be dulyverified by the claimant under oath and shall setforth the name, residence at the time of entry intothe service, date of enlistment, induction or com-mission, date of discharge or release from activeservice if the claimant is not on active duty, a state-ment that the claimant during the period for whichcompensation is allowed did not refuse to subjecthimself to full military discipline and unqualifiedservice and that he has not been separated from theservice under circumstances amounting to a dis-honorable discharge, and such further informationas the state auditor may require. Such certificateshall be presented to the state auditor or his repre- Recordor -

sentative together with an honorable discharge orrelease from active service, or in case of its loss aproperly authenticated record of service, or in theevent that the claimant is still in the service a prop-erly authenticated record of all active service per-formed by the claimant subsequent to April 6, 1917,and prior to November 11, 1919, or if the same bepresented by the widow, child or parents of a de-ceased veteran, then with proper evidence of death,together with a properly authenticated record of

9


service, and the state auditor shall endorse uponsuch discharge, release or record of active service,a statement that such discharge, release or recordof active service was made the basis of the appli-cation, and shall return such discharge or releaseor record of active service to the claimant and shallforthwith draw his warrant in the name of theclaimant upon the Veterans' Compensation Fund foran amount equal to fifteen dollars for each and everymonth of active service, or major fraction thereof,between the 6th day of April, 1917, and the 11th dayof November, 1919, and the state treasurer shall paysuch warrants from' the Veterans' Compensation

Proof in case Fund. In cases where application for compensationof death ofveteran. is m.ade by the widow, children or parents of a de-

ceased veteran, such person shall furnish the sameinformation as.though the application were made bythe deceased veteran, and the state auditor shall pre-pare an appropriate form of certificate to cover suchcases. Compensation allowed to the children of de-ceased veterans shall be paid to the guardians of

Guardians. such children, which guardians, if appointed by thecourts of this state, shall serve without compensationand in the discretion of the court without bond, andit shall be the duty of every attorney in this state

Attorneys to appear in the courts or render any other neces-sary legal assistance in behalf of such children inso far as the provisions of this act are concerned,without compensation, and no public officer shall

No fees. collect any fees in any proceedings brought in behalfof such children to secure compensation under thisact.

The state auditor is empowered to make such ad-ditional reasonable requirements from applicants asare necessary to prevent fraud or the payment ofcompensation to persons not entitled thereto.

fudisohr to SEc. 4. The state auditor shall furnish free offorms. charge, upon application therefor, the necessary

10


form of certificate to all persons entitled thereto,and may establish at different points within the stateof Washington, offices at which there shall be kepton file for the use of persons covered by this act, asufficient number of forms of certificate so that theremay be no delay in the payment of this compensa-tion. The state auditor may authorize the county County

officers toauditor or county clerk, or both, of any county of asssist.

the state to act for him in receiving applicationsunder the provisions of this act, and shall furnishsuch persons with the proper certificates to enablethem to accept such applications. The state auditoris hereby authorized and directed to procure suchprinting and office supplies and equipment, and toemploy such persons as may be necessary in orderto properly carry out the provisions of this act, andall expenses incurred by him in the administrationof this, act shall be paid by warrants drawn upon theVeterans' Compensation Fund.

The adjutant general shall advise with and assi'st Duties of

the state auditor in the performance of the duties General.

of the auditor under this act, and when so calledupon the adjutant general may employ such personsand incur such expenses as may be necessary, suchexpenses to be paid by warrants drawn upon theVeterans' Compensation Fund.

. The auditor and the adjutant general may re-quire persons employed by them under this act tofurnish good and sufficient surety bonds to the, stateof Washington for the faithful performance of theirduties and the premiums upon said bonds shall bepayable from the Veterans' Compensation Fund.

SEC. 5. The state auditor may in his discretion Anticipatory

issue warrants under the provisions of this actin anticipation of the sale of the bonds hereinauthorized.

SEC. 6. For the purpose of providing means forthe payment of compensation hereunder and for -

it


paying the expenses of administration, there shallBond issue. be issued and sold bonds of the state of Washington

in the sum of eleven million dollars ($11,000,000.00) :Provided, That if the proceeds of the sale of suchbonds be insufficient to pay the compensation hereinallowed, then sufficient additional bonds to pay suchcompensation shall be issued and sold. The issuance,.sale and retirement of said bonds shall be under thegeneral supervision and control of the State Boardof Finance. The State Board of Finance may, in itsdiscretion, provide for the issuance of coupon or reg-istered bonds to be dated, issued, and sold from timeto time and in such amounts as may be necessary tomake the payments provided for by this act. Eachof such bonds shall be made payable at any time notexceeding twenty years from the date of its issuance,with such reserved rights of prior redemption as theState Board of Finance may prescribe, to be specifiedtherein. The bonds shall be signed by the governorafid the state auditor under the seal of the state;and any coupons attached to such bonds shall besigned by the same officers, whose signatures thereonmay be in facsimile; and such bonds shall bear in-

Interest rate. terest at a rate not to exceed six per cent per annum,which bonds shall be sold for not less than par. Anybonds may be registered in the name of the holderon presentation to the state treasurer or at the fiscalagency of the state of Washington in New York, asto principal alone or as to both principal and in--terest, under such regulations as the state treasurer

Form of may prescribe. Said bonds shall be in a form em-bonds. bodying an absolute promise of the state of Wash-

ington to pay both principal and interest in goldcoin of the United States of present standard ofvalue, at such place or places as the State Board ofFinance may provide, and shall be in such denomi-nations as may be prescribed by said Board. All

Sale ofbonds. bonds issued under the provisions of this act may

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be sold in such manner and in such amounts and atsuch times and on such terms and conditions as theState Board of Finance may prescribe: Provided,That if said bonds are sold to any persons other thanthe state of Washington, they shall be sold at publicsale, and it shall be the duty of the State Board ofFinance to cause such sale to be advertised in suchmanner as it shall deem sufficient.

Bonds issued under the provisions of this act Bonds legalinvestment.

shall-be a legal investment for any of the funds ofthe state, including the permanent school fund, anyhigher educational funds, and accident fund of theindustrial insurance department.

SEC. 7. The money arising from the sale of each Veterans'Compensa-

issue of bonds shall be deposited in the state treas- tion Fund.

ury to the credit of a special fund to be known asthe "Veterans' Compensation Fund," which shallbe used for payment of the compensation providedin this act and for paying the expenses of the ad-ministration thereof. For the purpose,of carrying Appropria-

out the provisions of this act there is hereby appro-priated from the Veterans' Compensation Fund thesum of eleven million dollars ($11,000,000.00).

SEC. 8. For the purpose of creating a retirement Retirement

fund for the retirement of such bonds upon maturityand the payment of interest thereon as it falls due,the proper state and county officers shall levy andcollect a tax of one mill upon each dollar of thetaxable propefty in the state for the year 1921 andfor each year thereafter: Provided, That if said taxbe insufficient then the proper state and county offi-cers are authorized and directed to levy and collectsuch additiohal taxes as may be necessary for the

-payment of interest upon said bonds and the retire-ment of the principal thereof upon maturity. Allmoneys derived from such tax shall be paid into thestate treasury and credited to a fund to be known-as

13


the "Veterans' Compensation Bond RetirementFund."

SEC. 9. No charge made by any agent, notaryFree officialservicen public or attorney for any service in connection with

obtaining the allowance as provided for by this actshall be recognized by the state and any person who,for a consideration, discounts or attempts to dis-

Discounting count, or for a consideration advances money uponcertificatesprohibited. any certificate or certificates issued pursuant to the

terms of this act, shall be guilty of a gross mis-demeanor.

SEc. 10. Any person who, with intent to defraud,False claims subscribes to any false oath or makes any false rep-punishable.

resentation, either in the execution of the certificatesprovided for by this act, or who, with intent to de-fraud, presents to the state auditor, or to any otherofficer of the state, any certificate for the purposeof obtaining funds provided by this act which donot in fact belong to such person, or makes any falserepresentations in connection with obtaining anyfunds under the terms of this act, shall be guiltyof a felony.

SEC. 11. The legislature may provide additionalMethod not means for raising moneys for the payment of theexclusive.

interest and principal of said bonds and this actshall not be deemed to provide an exclusive methodfor such payment.

SEC. 12. If any section, subdivision, sentence orconstitu- clause of this act is for any reason held to be uncon-tionality.

stitutional, such decision shall not affect the validityof the remaining portions of this act.

SEC. 13. This act shall be submitted to the peopleReferendum. for their ratification at the next general election in

accordance with the provisions of section 3, ofArticle VIII of the State Constitution; and in ac-cordance with the provisions of section 1 of Article 11of the State Constitution as amended at the general

14


election held in November, 1912, and the laws adoptedto facilitate the operation thereof.

Passed the House, March 22, 1920.Passed the Senate, March 23, 1920.Approved by the Governor, March 25, 1920.

CHAPTER 2.

[S. B. 2.]

SCHOOL REVENUES.

AN ACT relating to school revenues, the annual tax levy andlimit thereof, and amending section 4600 of Remington &Ballinger's Annotated Codes and Statutes of Washington.


SECTION 1. That section 4600 of Rem. & Bal.Code be amended to read as follows: /

Section 4600. The interest accruing on said per- Currentfund.

manent school fund, together with all rentals andother revenues derived therefrom, and from landsand other property devoted to the common schoolfund, shall be exclusively applied to the current useof the common schools.

In addition thereto it shall be the duty of thestate board of equalization, annually, at the time 'oflevying taxes for state purposes, to levy a tax suf- Tax evy.

ficient to produce a sum which, when added to theamount of money derived from interest and otherincome from the state permanent school fund duringthe preceding school year, shall equal twenty dollarsfor each child of school age residing in the state asshown by the last reports of the seve'ral countysuperintendents to the superintendent of publicinstruction.

15


The funds provided by this section shall be knownas the current state school fund.

Passed the Senate March 22, 1920.Passed the House March 23, 1920.Approved by the Governor March 25, 1920.

CHAPTER 3.[ S. B. 1. ]

LEVY OF COUNTY TAXES.

AN ACT relating to taxation, the time and amount of levy there-for, and amending section 9212 of Remington & Ballinger'sAnnotated Codes and Statutes of Washington, and declaringan emergency.


SECTION 1. That section 9212 of Rem. & Bal.Code be amended to read as follows:

Section 9212. All county taxes shall be levied orRates, how voted in specific amounts, and the rates per centunfixed.

shall be determined from the amount of propertyas equalized by the county board of equalization eachyear, except such general taxes as may be definitelyfixed by law. The amount of state tax shall be leviedby the state board of equalization and the rate beascertained by the several county auditors on thevaluation in their respective counties: Provided,

Rate for That the amount levied in any one year shall not,statepurposes. for general state purposes, exceed five mills on a

dollar, property valuation of the entire state. The

County to be amount of levy, as determined annually by the statenotified. - board, shall be certified by the auditor of state to

each county auditor on or before the last Monday ofSeptember of each year. The county taxes shall be

oeuny _ levied by the county commissioners between the firstmissioners. and second Mondays of October of each year. The

tax for payment of county current expenses shall be

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based upon an itemized statement of the estimated A1fit

county expenses for the ensuing fiscal year, whichstatement shall be included in the published proceed-ings of the said board, and no greater levy of countytax shall be made upon the taxable property of anycounty than will be equal to the amount of such esti-mated expenses, with an excess of fifteen per centof the same. The tax for the payment of county Allowance

forindebtedness shall be based upon the indebtedness delinquents.

of the county, taking into consideration the amount Ass t levy

of unpaid taxes, interest and penalty thereon, and topayin-

all other assets applicable to the payment of suchindebtedness: Provided, That this shall not be con-strued to affect any existing provisions of law re- Except as

to bonds.lating to the levy of taxes for payment of any fundedor bonded indebtedness or the interest thereon. Therate per centum of all taxes, except the state tax County

auditor toand such other taxes, the rates of which may be fixed fix rate.

by law or the county commissioners, shall be cal-culated and fixed by the county auditor according tothe limitations hereinafter prescribed: Provided,That all collections made on and after the first day How de-

linquentof February, 1898, for delinquent county taxes for taxes to be

applied.the year 1896 and prior years, be credited to thecounty indebtedness fund, and with the taxes collected from the levy for payment of county indebt-edness shall be paid and applied upon the countyindebtedness outstanding on said first day of Feb-ruary, 1898, the payment of which is not otherwiseprovided for by law, and on and after said first dayof February, 1898, all salaries, court expenses, andall other current expenses of the county shall be paidout of money collected from the levy of taxes forpayment of county current expenses: And providedfurther, That all revenues other than taxes accruingto the county after the first day of February, 1898,and payable under laws enacted heretofore into the

17

18 LAWS OF EXTRAORDINARY SESSION, 1920

"general" or "county fund" or "salary fund,"shall be paid into said county current expense fund.

SEc. 2. This act is necessary for the immediateEmergency. support of the state government and its existing

public institutions and shall take effect immediately.Passed the Senate March 22, 1920.Passed the House March 23, 1920.Approved by the Governor March 25, 1920.

AUTHENTICATION.

I, I. M. HOWELL, Secretary of State of the State ofWashington, and custodian of the seal of said state, dohereby certify that I have carefully compared the fore-going published laws passed by the Legislature of theState of Washington, at its extraordinary session, fromMarch 22nd to March 23rd, 1920, inclusive, with the orig-inal enrolled laws, now on file in this office, and find thesame to be full, true and correct copies of said originalswith the exception of such corrections in spelling and useof words as indicated by the use of brackets, thus [ ], ineach case as provided by law.

IN TESTIMONY WHEREOF, I have hereunto set my handand affixed hereto the seal of the State of Washington.

Done at Olympia, this 6th day of May, A. D. 1920.I. M. HOWELL,

[SEAL] Secretary of State.

RESOLUTIONS

SENATE JOINT RESOLUTION No. 1.RELATING TO THE REVISION OF THE COMMON SCHOOL

CODE OF THE STATE OF WASHINGTON.

WHEREAS, The common school laws of the Stateof Washington are in great need of revision andreadjustment to existing conditions; and

WHEREAS, Several different plans have been pro-posed for correcting existing evils in our presentsystem; for the purpose of giving this importantmatter proper consideration,

Be it Resolved by the Legislature of the State ofVashington:

I.

That a commission be immediately appointed bythe Governor.

II.That said commission shall make a comprehensive

and exhaustive study of the common school systemsand incorporate its findings and conclusions in a bill,or bills, which shall be presented to the Legislatureof 1921, not later than January 11, 1921.

Passed the Senate March 23, 1920.Passed the House March 23, 1920.

SENATE CONCURRENT RESOLUTION No. 2.

Resolved, by the Senate, the House concurring.That the joint rules of the regular session of 1919be the joint rules of this special session.



SENATE CONCURRENT RESOLUTION No. 4.RELATING TO PRINTING ACTS OF THE LEGISLATURE.

WHEREAS, The Secretary of State has not avail-able any funds to pay the cost of printing the actsof the extraordinary session of the Legislature ofthe State of Washington, convened March 22, 1920,

Be it resolved, by the Legislature of the State ofWashilngjton that the cost of printing said acts bedeclared an expense of said session, and that saidcost be paid from any funds available for the ex-penses of such extraordinary session.


HOUSE JOINT RESOLUTION No. 1.JOINT RESOLUTION RATIFYING A PROPOSED AMENDMENT

TO THE CONSTITUTION OF THE UNITEDSTATES OF AMERICA.

WHEREAs, both houses of the sixty-sixth con-

gress of the United States of America, by a consti-tutional majority of two-thirds thereof, did adopta joint resolution proposing the following amend-met to the constitution of the United States, whichis in words and figures as follows, to-wit:

"JOINT RESOLUTION.

"Proposing an amendment to the Constitution ex-tending the right of suffrage to women.

"Resolved by.the Senate and House of Represent-atives of the United States of America in Congressassembled (two-thirds of each House concurringtherein), That the following article is proposed asan amendment to the Constitution, which shall bevalid to all intents and purposes as part of the Con-

21


stitution when ratified by the legislatures of three-fourths of the several states.

"ARTICLE........

"The right of citizens of the United States to voteshall not be denied or abridged by the United Statesor by any state on account of sex.

" Congress shall have power to enforce this articleby appropriate legislation."

Therefore, be it resolved by the Legislature of theState of Washington:

. SECTION 1. That the said proposed amendment tothe Constitution of the United States of America be,and the same is hereby ratified by the Legislatureof the State of Washington.

SEC. 2. That certified copies of this preamble andjoint resolution be forwarded by the Governor ofthe state to the Secretary of State of the UnitedStates, to the presiding officer of the United StatesSenate, and to the Speaker of the House of Repre-sentatives of the United States.

SEC. 3. This resolution is necessary for the im-mediate preservation of the public peace, health andsafety and for the support of the state governmentand its existing public institutions and shall takeeffect immediately.

Passed the House March 22, 1920.Passed the Senate March 22, 1920.

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HOUSE JOINT RESOLUTION No. 2.

Being mindful of the exemplary life and purity ofcharacter as well as the distinguished public serviceof the Honorable Ernest Lister, late Governor of theState of Washington, whose virtues should be re-corded in proper memorial, but being mindful ofthe fact that this Legislative Assembly has beenconvened in Extraordinary Session and that suchmemorial is matter more appropriately to be con-sidered by the Legislature when convened in reg-ular session-Therefore;

Be it resolved, That this body does hereby maketimely acknowledgment of its regret and sorrowover the demise of our late Governor;

That a copy of this resolution be sent to the familywith whom we deeply sympathize; and

That further consideration hereof be passed withcommendation to the next regular session of thelegislative assembly.

Adopted by the House March 22, 1920.Adopted by the Senate March 23, 1920.

HOUSE CONCURRENT RESOLUTION No. 3.

Resolved by the House, the Senate concurring,that the Governor of the State of Washington, withthe assistance of the Attorney General be requestedto prepare and submit to the legislature at its nextregular session a Civil Administrative Code provid-ing for the vesting of all executive functions of thestate in a limited number of departments to the endthat direct responsibility for administrative acts befixed and that the cost of state government bereduced.

Adopted by the House March 23, 1920.Adopted by the Senate, March 23, 1920.

23

GENERAL INDEX.

Ch. Sec. PageAMENDMENTS, REMINGTON & BALLINGER'S CODE:

Section 4600 ....................................... am ended 2 1 11Section 9212 ....................................... amended 3 1 16

CRIMES:False claim for veterans' compensation a felony................ 1 10 i

SCHOOLS AND SCHOOL DISTRICTS:Revenue-

Current fund ........................................... 2 1 15Tax levy ............................................... 2 1 15

TAXATION:County indebtedness fund.................................... 3 1 17County taxes-

Levy- how made ....................................... 3 1 16am ount ............................................ 3 1 17by county commissioners............................. 3 1 16limitation on ........................................ 3 1 17rate ............................................... . . 1 17time of ............................................ 3 1 16

Emergency .................................................. 3 2 18State taxes-

Levy-limitation 5 mills................................. 3 1 16certified to county auditor........................... 3 1 16

VETERANS' COMPENSATION FUND:Additional means of raising money........................... 1 11 14Adjutant General to assist Auditor........................... . 1 4 11Amount of compensation..................................... 1 1 7A ppropriation ............................................... 1 7 13Attorneys- fees not recognized............................... 1 9 14

For minor heirs- no fees................................. 1 3 10Bonds-

Coupon bonds .......................................... 1 6 12F orm of ............................................... 1 6 12Interest rate ............................ .............. 1 6 12Issue .................................................. 1 6 1iLegal investment for state and school funds............... .1 6 13Registered bonds ....................................... 1 6 12R edem ption ............................................. 1 6 12Sale of ................................................. 1 6 12

public sale, when.................................... 1 6 13Signatures on ........................................... 1 6 12T erm of ................................................ 1 6 12

Certificates furnished by State Apditor....................... 1 41 10Certificates prepared by State Auditor......................... 1 3 9

Contents of certificates................................... 1 3 9Discounting- prohibited ................................. 1 9 14Endorsement by State Auditor........................... . 1 3 10Heirs-presentation by .................................. 1 9

proof to be furnished by............................. 1 3 10Honorable discharge to accompany ....................... 1 3 9Record of sevice to accompany .......................... 1 3 9Verification of certificates................................ 1 3 9

Conscientious objectors barred................................ 1 2 9Constitutionality of act...................................... 1 12 14County officers to assist State Auditor........................ 1 4 11

26 INDEX

VETERANS' COMPENSATION FUND-CONTINUED: Ch. Sec. Payc

Disbursements- how made................................... 1 3 9Dishonorable discharge a bar................................ .1 2 9Employees- bonds of........................................ 1 4 11Expenses of administration-how paid........................ 1 4 . 11Extra compensation a bar................................... 1 1 8False claims punishable...................................... 1 10 14Heirs to receive compensation................................ 1 1 8

Attorneys for minor heirs to act without compensation..... 1 3 10Guardians for minor heirs ............................... 1 3 10Guardians to act without compensation ................... 1 3 10Public officers-no fees................................... 1 3 10

Increased pay a bar......................................... 1 1 8Notaries public-fees not recognized.......................... 1 9 14Person defined ................................................ 1 2 9Qualifications of recipients ................................... 1 1 7Referendum clause ........................................... 1 13 14Retirement fund ............................................. 1 8 13

Tax levy for............................................ 1 8 13Veterans' compensation fund................................. 1 7 13Veterans' Welfare Commission-

Repayment of loans to.................................. 1 1 8Warrants in anticipation of bond sale......................... 1 5 11Women eligible .............................................. 1 1 8

SESSION LAWSOF THE

STATE OF WASHINGTON

SEVENTEENTH SESSION

Convened January 10; Adjourned March 10

1921

Compiled in Chapters by J. GRANT HINKLE, Secretary of State

Marginal Notes and IndexBY

L. L. THOMPSONAttorney General

PUBLISHED BY AUTHORITY

OLYMPIAFRANK M. LAMBORN PUBLIC PRINTER

1921

EXPLANATORY

The Seventeenth Legislature of the State of Wash-ington convened at 12 o'clock, noon, January 10, 1921,(being the second Monday in January), and adjournedsine die March 10, 1921.

All acts passed by the Session, approved by theGovernor, together with those which were permitted tobecome laws without his signature, take effect ninetydays after adjournment, or 12 o'clock, midnight, June 8,1921, excepting relief bills, appropriations and other actsdeclaring an emergency.

J. GRANT HINKLE,

Secretary of State.

LAWS OF WASHINGTONPASSED AT THE

Seventeenth Regular Session

1921

CHAPTER 1.[S. B. 1.1

LEGISLATIVE EXPENSES.

AN ACT appropriating the sum of one hundred and fifteen thou-sand dollars ($115,000.00) or so much thereof as may be neces-sary for the expenses of the seventeenth legislature and de-claring an emergency.


SECTION 1. That there be and there is hereby Appropria-

appropriated out of the general fund, the sum snsooo.oo.of one hundred and fifteen thousand dollars,($115,000.00) or so much thereof as may be neces-sary to be used for the purpose of paying theexpenses of the seventeenth legislature of the Stateof Washington.

SEC. 2. This act is necessary for the support of Emergency.

state government and shall take effect immediately.

Passed the Senate January 10, 1921.Passed the House January 10, 1921.Approved by the Governor January 10, 1921.

SESSION LAWS, 1921.

CHAPTER 2.[ S. B. 2.1

LEGISLATIVE PRINTING.

AN ACT appropriating the sum of fifteen thousand dollars ($15,-000.00) or so much thereof as may be necessary for the print-ing of the seventeenth legislature, and declaring an emergency.


SECTION 1. That there be, and there is herebyAppropria- appropriated out of the general fund the sum oftion$1s,ooo.oo. fifteen thousand dollars, ($15,000.00) or so much

thereof as may be necessary to pay for such printingas may be ordered by the seventeenth legislature,or either branch thereof. -

SEC. 2. This act is necessary for the support ofEmergency. state government and shall take effect immediately.

Passed the Senate January 10, 1921.Passed the House January 10, 1921.Approved by the Governor January 10, 1921.

CHAPTER 3.[S. B. 41.]

LIEU APPROPRIATIONS FOR PUBLIC SERVICE COM-MISSION.

AN ACT making lieu appropriations for the Public Service Com-mission.


SECTION 1. In lieu of the unexpended balancesAppropria- of the appropriations for the public service com-tion$15,315.22. mission for extra engineers, clerks, etc., supplies,

material, and service, and capital outlays, made bychapter 82 of the Laws of 1919, the following sums,

[Cii. 2-3.6

SESSION LAWS, 1921.

or as much thereof as shall severally be found neces-sary, are hereby appropriated for the biennium end-ing March 31st, 1921, out of the general fund in thestate treasury.

FOR THE PUBLIC SERVICE COMMAIISSION.

Extra engineers, clerks, etc.......................... $8,831.40Supplies, material and service....................... 5,435.79Capital outlays ..................................... 1,048.03

SEC. 2. This act is necessary for the immediate Emergency.

preservation of public peace, health and safety andthe support of the state government and it's existingpublic institutions, and shall take effect immediately.

Passed by the Senate January 20, 1921.Passed by the House January 25, 1921.Approved by the Governor January 31, 1921.


PUBLIC HIGHWAY REAPPROPRIATION.

AN ACT reappropriating certain sums from the public highwayfund and motor vehicle fund for the purpose of constructingand maintaining certain highways that have been establishedand constructed and declaring that this act shall take effectimmediately.


SECTION 1. That the sum of three hundred fifty Appropria-tions, High-

thousand six hundred fifty-one dollars and nine cents way

($350,651.09) from the public highway fund and the Motoesum of four hundred thirty-one thousand two hun d 4,ndred dollars ($431,200.00) from the motor vehiclefund, or so much thereof as may be necessary, beand the same is hereby reappropriated for complet-ing and maintaining work already under contractand construction on certain state roads hereinafter

CH. 4.] 7

S SESSION LAWS, 1921. [CH. 4.

mentioned; the. same being the unexpended balanceof certain existing appropriations as shown by thestate auditor's books December 31, 1920, said re-spective balances being reappropriated as follows:

Public MotorHighway Vehicle

Fund FundCascade Road, Skagit County..............$3,525.66Central Washington Highway, Connell

North ................................. 11,600.00Inland Empire Highway: North line-Spo-

kane County North.....................$33,000.00Colfax to Dayton........................15,400.00Ellensburg to Yakima....................41,600.00 50,000.00Wallula to Pasco..........................24,100.00Pomeroy to Clarkston....................31,000.00 46,900.00McClellan Pass Highway: Greenwater River

East ................................. 1,800.00National Park Highway: Tacoma to Ash-

ford ................................... 2,200.00Tacoma to Ashford (paving).. 49,100.00Pacific Highway to Mayfield...............20,500.00North Bank Highway: Klickitat County.. 32,300.00Skamania County.....16,400.00 4,800.00North Bank Highway: Washougal East 14,400.00North Central Highway: Harrington to

Wilson Creek...........................2,100.00Ocean Beach Highway: South Bend to Hol-

m an .................................. 43,400.00Coal Creek W est.........................19,000.00 3,500.00Wahkiakum County.......................56,400.00Olympic Highway: Thurston County to

Clallam County.........................1,100.00Forks South.............................2,000.00East Beach-Fairholm....................15,100.00Lake Quinault to Clearwater P. 0..........22,500.00 50,000.00Pacific Highway: Blaine-Ferndale........ .. 4,000.00Everett to Stanwood (paving) .4,600.00Marysville-Blaine.........................4,800.00Seattle North ............................ 2,100.00Seattle South (paving)...................23,400.00Nisqually Station South. 3,600.00Chehalis to Vancouver ................... 40,300.00Pioneer to Toledo........................5,800.00Forest South (paving) .................... 3,100.00Salmon Creek North (paving) .13,600.00Pend Oreille Highway....................7,000.00Roosevelt Highway: Skagit County....... 1,485.43

CH. 5.] SESSION LAWS, 1921.

Public MotorHighway Vehicle

Fund FundSunset Highway: North Bend to Vantage

Ferry ................................ $1,540.00Waterville to Lincoln County Line ........ $3,200.00State Road No. 5, Lewis County .......... 23,900.00State Road No. 22, Stevens County ........ 4,400.00Uncompleted work and Federal Aid east of

Columbia River ........................ 4,300.00 15,100.00Preliminary surveys and investigations... 1,900.00

$350,651.09 $431,200.00

Provided however, That the separate amountsabove stated together with the amount expendedshall not exceed the original appropriation made in191.9 for said purposes.


preservation of public safety and the support of theexisting institutions of the state and shall take effectimmediately.

Passed the Senate January 20, 1921.Passed the House January 26, 1921.Approved by the Governor February 1, 1921.


PERMANENT HIGHWAYS APPROPRIATION.

A- ACT appropriating the sum of four million four hundred thou-sand dollars ($4,400,000.00) from the permanent highway fundto complete contracts and construction work now in force onpermanent highways, for the purpose of making payments onnew contracts on permanent highways and for the mainte-nance of permanent highways, and declaring that this actshall take effect immediately.


SECTION 1. That the sum of four million four Appropria-,ionhundred thousand dollars ($4,400,000.00), or as oo,400.ooo.oo.

much thereof as may be necessary, be. :nd the same

9

is hereby appropriated from the permanent highwayfund for completing work already under contractand for new contracts on and the maintenance ofpermanent highways.

SEC. 2. This act is necessary for the immediateEmergency. support of the state government and its existing

public institutions and shall take effect immediately.Passed by the Senate January 20, 1921.Passed by the House January 26, 1921.Approved by the Governor February 1, 1921.

CHAPTER 6.[H. B. 70.]

MOTOR VEHICLES.

AN ACT relating to the use of public highways, providing for theissuance and fixing the terms of motor vehicle licenses, amend-ing sections 7 and 12 of chapter 142 of the Laws of 1915, andmaking an appropriation.


SECTION 1. That section 7 of chapter 142 of theLaws of 1915 be amended to read as follows:

Section 7. The secretary of state shall, upon re-License ceipt of the application for a motor vehicle licenseissued bySecretary accompanied by the required fee, place the originalof State.

application on file in his office and thereupon issueto the applicant a license for such motor vehicle,stating therein the number to be displayed on suchmotor vehicle, as hereinafter provided, and author-izing the use of such vehicle upon the public high-ways for and during the current calendar year:Provided, That if such application is received dur-ing the month of December in any year the licenseshall be issued for, and shall be valid during, theensuing calendar year.

10 4 SESSION LAWS, 1921. [Car. 6.

SESSION LAWS, 1921.

SEC. 2. That section 12 of chapter 142 of theLaws of 1915 be amended to read as follows:

Section 12. The secretary of state shall furnish Numberplates fur-

to each licensee of a motor vehicle two number plates nished by

containing the number to be displayed on such ve- of State.

hicle, as hereinafter provided. The number shall bein block numerals and of such size as the secretaryof state may determine, and shall be preceded bythe letters "Wn" and by the last two numerals ofthe year for which the license is issued. Such num-ber plates, if issued to a dealer, shall contain theword "Dealer." Such plates shall be obtained bythe secretary of state on competitive bids: Pro-vided, That the secretary of state shall be and ishereby authorized to purchase the necessary numberplates for use during the period from March 1, 1921,to December 31, 1921, at private sale.

SEc. 3. The following sum, or as much thereof Appropria-tion

as shall be found necessary, is hereby appropriated $28,000.00.

out of the motor vehicle fund in the state treasuryfor the biennium ending March 31, 1921:

FOR THE SECRETARY OF STATE-MOTOR VEHICLE DEPARTMENT:

For number plate cost and other incidental expensesincident to the appropriation and administrationof the automobile department................. $28,000.00


preservation of the public peace, health and safety,the support of the state government and its existingpublic institutions, and shall take effect immediately.

Passed the House January 27, 1921.Passed the.Senate January 28, 1921.Approved by the Governor February 3, 1921.

Cu. 6.]) 11

SESSION LAWS, 1921.

CHAPTER 7.1H. B. 11.]

ADMINISTRATIVE CODE.

As ACT relating to, and to promote efficiency, order and economyin, the administration of the government of the state, pre-scribing the powers and duties of certain officers and depart-ments, defining offenses and fixing penalties, abolishing cer-tain offices, and repealing conflicting acts and parts of acts.


SECTION 1. This. act shall be known and may beTitle. cited as the administrative code.

SEC. 2. There shall be, and are hereby created,State de- departments of the state government which shallpartmentscreated. be known respectively as, (1) the department of

public works, (2) the department of business control,(3) the department of efficiency, (4) the depart-ment of taxation and examination, (5) the depart-ment of health, (6) the department of conservationand development, (7) the department of labor andindustries, (8) the department of agriculture, (9)the department of licenses, and (10) the departmentof fisheries and game; which departments shall becharged respectively with the execution, enforce-ment, and administration of such laws, and investedwith such powers and required to perform suchduties, as the legislature may provide.

SEC. 3. There shall be a chief executive officerChief execu- of each of the departments of the state governmenttive depart -mental created by this act, to be known respectively as, (1)OtlicGTS. the director of public works, (2) the director of

business control, (3) the director of efficiency, (4)the director of taxation and examination, (5) thedirector of health, (6) the director of conservationand development, (7) the director of labor and in-dustries, (8) the director of agriculture, (9) the di-rector of licenses, and (10) the director of fisheries

12 [CH. 7.

SESSION LAWS, 1921. .1

and game; who shall be appointed by the governor Appoint-

with the consent of the senate, and hold office at thepleasure of the governor: Provided, That, if thesenate be not in session when this act takes effect,and in case a vacancy occurs while the senate is notin session, the governor shall make a temporary ap-pointment until the next meeting of the senate, whenhe shall present to the senate his nomination forthe office.

SEC. 4. There shall be, and are hereby created, Administra-tive commit-

administrative committees of the state government, tees.

which shall be known respectively as, (1) the stateequalization committee, (2) the state finance com-mittee, (3) the state, highway committee, (4) thestate capitol committee, (5) the state archives com-mittee, (6) the state parks committee, (7) the statevoting machine committee, (8) the state law librarycommittee, and (9) the state library committee.

SEC. 5. The governor, the state auditor, and the Equaliation

state treasurer, ex officio, shall constitute the stateequalization committee, which shall have the power,and it shall be its duty, to exercise all the powersand perform all the duties now vested in, and re-quired to be performed by, the state board of equal-ization.

SEC. 6. The state treasurer, the state auditor, Fnc

and the governor, ex officio, shall constitute the statefinance committee, which shall have the power, andit shall be its duty, to exercise all the powers andperform all the duties now vested in, and requiredto be performed by, the state board of finance.

SEC. 7. The governor, the state auditor, and the Highway

state treasurer, ex officio, shall constitute the state committee.

highway committee, which shall have the power,and it shall be its duty, to exercise all the powersand perform all the duties now vested in, and re-quired to be performed by, the state highway board.

CHr. 7.3 13

SEC. 8. The governor, the state auditor, and theCapitol commissioner of public lands, ex officio, shall con-committee. stitute the state capitol committee, which shall have

the power, and it shall be its duty, to exercise allthe powers and perform all the duties now vested in,and required to be performed by, the state capitolcommission.

SEC. 9. The secretary of state, the superintend-Archives ent of public instruction, and the state insurancecommittee. commissioner, ex officio, shall constitute the state

archives committee, which shall have the power, andit shall be its duty, to exercise all the powers andperform all the duties now vested' in, and requiredto be performed by, the public archives commission.

SEC. 10. The commissioner of public lands, theParks com- secretary of state, and the state treasurer, ex officio,mittee.

shall constitute the state parks committee, whichshall have the power, and it shall be its duty, to ex-ercise all the powers and perform all the duties nowvested in, and required to be performed by, the stateboard of park commissioners.

SEC. 11. The secretary of state, the superintend-Voting ent of public instruction, and the state insurancemachinecommittee, commissioner, ex officio, shall constitute the state

voting machine committee, which shall have thepower, and it shall be its duty, to exercise all thepowers and perform all the duties now vested in, andrequired to be performed by, the state board of vot-ing machine examiners.

SEC. 12. The chief justice of the supreme court,Law the attorney general, and the secretary of state, exLibrarycommittee. officio, shall constitute the state law library commit-

tee, which shall have the power and it shall be itsduty, to exercise all the powers and perform all theduties relating to the state law library now vestedin, and required to be performed by, the state li-brary commission. The state law librarian shallbe the secretary of the state law library committee.

14 SESSION LAWS, 1921. [Ca. 7.

SESSION LAWS, 1921. 15

SEC. 13. The superintendent of public instrue- Librarcommittee.tion, the commissioner of public lands, and the state

treasurer, ex officio, shall constitute the state librarycommittee, which shall have the power, and it shallbe its duty, to exercise all the powers and performall the duties relating to the state library, except thepowers and duties relating to the state law library,now vested in, and required to be performed by, thestate library commission, and shall exercise all thepowers and perform all the duties now vested in,and required to be performed by, the state libraryadvisory board.

SEC. 14. The governor and the directors of the Administra-

departments of the state government created by this tive Board.

act shall constitute the administrative board. Thegovernor shall be chairman of the board. The boardshall have power to adopt general rules and regula- Rules

governing.tions for the transaction of the business of the board,and provide for such committees as may be deemedexpedient to facilitate the work of the board, themembers of which committees shall be appointedby the chairman. A vote of the majority of the en-tire membership of the board shall be necessaryto exercise any of the administrative powers, or per-form any of the administrative duties vested in, orrequired to be performed by, the board. A majorityof the board shall constitute a quorum, and a ma-jority of those present at any meeting of the boardmay determine and advise as to questions of policyin the administration of any of the departments ofthe state government created by this act, submittedto the board by any member thereof. The boardshall meet at the call of the governor.

SEC. 15. The administrative board shall havethe power, and it shall be its duty:

(1) To, from time to time, systematize and Administra-tive Board,

unify the administrative duties of the departments powers andduties.

of the state government created by this act, and

CH. 7.3

SESSION LAWS, 1921.

make such necessary assignments of duties to thedepartments as it may deem advisable to correlateand coordinate the work of the departments;

. (2) To, from time to time, classify all subordi-nate officers, and employees of the state offices, de-partments, and institutions in accordance with thesystem of classification prepared by the director ofefficiency;

(3) To, from time to time, determine the sal-aries and compensations to be paid such subordinateofficers and employees in accordance with the classi-fication and scale of salaries and compensationsadopted by the board;

(4) To fix the amount of the bond to be givenby each appointive state officer and each employeeof the state in all cases where the same is not fixedby law;

(5) To require the giving of an additional bond,or a bond in a greater amount than that provided bylaw, in all cases where in its judgment the statutorybond is not sufficient in amount to cover the liabilityof the officer or employee;

(6) To, by resolution, exempt subordinate em-ployees from giving bond when in its judgment thepowers and duties of such employees are such as notto require the giving of a bond to protect the state;

(7) To, in case of an emergency requiring ex-penditures in excess of the amount appropriatedby the legislature for any institution of the state,state officer, or department of the state govern-ment, and upon the written request of the govern-ing authorities of the institution, the state officer,or the head of the department, setting forth theemergency and needs of the institution, office, or de-partment, and in case the board by a majority voteof all its members determine that the public interestrequires it, issue a permit in writing, signed by thechairman and attested by the secretary of the

[CH.- 7.16

SESSION LAWS, 1921.

board, authorizing such institution, officer, or de-partment to incur such liabilities as the circum-stances may require, to an amount stated in the per-mit, and directing that certified copies of the requestand the permit, and a detailed statement of the lia-bilities incurred be filed in the office of the secre-tary of state and transmitted to the legislature atits next ensuing session, together with.a request foran appropriation to cover the liabilities incurred.Such permit and full compliance with its provisionsshall relieve the person incurring any such liabilityfrom personal liability therefor.

SEc. 16. Every appointive state officer and Officialbonds.

every employee of the state shall, before enteringupon the discharge of the duties of his office or em-ployment, give a surety bond, payable to the state,in such sum as is provided by law or in such sumas shall be deemed necessary by the administrativeboard created by this act, conditioned upon thefaithful performance of the duties of the office oremployment, and upon accounting. for all propertyof the state that shall come into his possession byvirtue of his office or employment, which bond shallbe approved as to form by the attorney general andas to sufficiency by the administrative board, andshall be filed in the office of the secretary of state.

SEc. 17. Each office created by this act is here- offices,when

by declared established as of the first day of April, established

1921, and each officer whose office is created by thisact shall, if sooner appointed, hold office beginningon the first day of April, 1921.

SEC. 18. The directors of the departments of Depart-mental

the state government created by this act shall re- directors.

spectively exercise such powers and perform suchexecutive and administrative duties as are providedby this act, and receive such annual salaries'payablein equal monthly installments, as the governor shallfix, not to exceed the sums provided by this act:

CH. 7.] 17

Provided, That should the governor appoint anyelective state officer as the director of any depart-ment created by this act, such elective officer shallreceive as compensation for the extra duties im-posed by this act only such sum as the governorshall fix, not to exceed the difference between themaximum salary provided by this act and the salaryprovided by law for such elective officer. Eachofficer whose office is created by this act shall, beforeentering upon the duties of his office, take and sub-scribe the oath of office prescribed by law for elec-tive state officers, and file the same in the office ofthe secretary of state.

SEC. 19. The director of each department cre-Depart- ated by this act shall have the power to prescriberules and rules and regulations, not inconsistent with law, forregulations.

the government of his department, the conduct ofits subordinate officers and employees, the disposi-tion and performance of its business, and the cus-tody, use and preservation of the records, papers,books, documents, and property pertaining thereto.

SEC. 20. Each department created by this actDepart- shall maintain its principal office at the state capitalmentaloffices. in rooms provided by the department of business

control. The director of each department may, withthe approval of the governor, establish and maintainbranch offices at other places than the state capitalfor the conduct of one or more of the functions ofhis department.

SEC. 21. The department of public works shallPublic be organized into and consist of three divisions, toworksdivisions, be known respectively as, (1) the division of trans-

portation, (2) the division of public utilities, and(3) the division of highways. The director of publicworks, shall have charge and general supervision ofthe department of public works, shall receive a sal-

Salary ofdirector. ary of not to exceed six thousand dollars per annum,

shall appoint a traffic and rate expert for the de-

a18 SESSION LAWS, 1921. [CH. 7.

SESSION LAWS, 1921.

partment, and shall have power to appoint and em-ploy such clerical and other assistants as may benecessary for the general administration of the de-partment.

SEC. 22. The director of public works shall ap- o tsorpoint and deputize an assistant director, to be portation.

known as the supervisor of transportation, whoshall have charge and supervision of the division oftransportation, and, with the approval of the di-rector, shall have power to appoint and employsuch inspectors, engineers, experts, and clerical andother assistants as may be necessary to carry on thework of the division.

SEC. 23. The director of public works shall ap- Supervisorof public

point and deputize an assistant director, to be utilities.

known as the supervisor of public utilities, who shallhave charge and supervision of the division of publicutilities, and, with the approval of the director, shallhave power to appoint and employ such inspectors,engineers, experts, and clerical and other assistantsas may be necessary to carry on the work of the di-vision.

SEC. 24. The director of public w6rks shall ap- Supervisorof highways.

point and deputize an assistant director, to beknown as the supervisor of highways, who shall havecharge of the division of highways, and, with theapproval of the director, shall have power to appointand deputize a chief clerk of the division, and ap-point and employ such inspectors, engineers, andclerical and other assistants as may be necessary tocarry on the work of the division. No person shallbe eligible for appointment as supervisor of high-ways, or to hold such office, unless he is an experi-enced constructing highway engineer.

SEC. 25. The director of public works shall have Division oftransporta-

the power, and it shall be his duty, through and by tjon, powers

means of the division of transportation:

OH. 7.] 19

(1) To exercise all the powers and perform allthe duties relating to common carriers of freightor passengers, and the transportation of property orpersons, now vested in, and required to be performedby, the public service commission.

SEC. 26. The director of public works shall haveDivision of the power, and it shall be his duty, through and bypublic

utiitsan means of the division of public utilities:duties. (1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the public service commission, exceptthe powers and duties relating to common carriersof freight and passengers and the transportation ofproperty and persons, those relating to the inspec-tion, grading, and certification of grain, hay, peas,grain and hay products, rice, beans, and other sim-ilar articles, nitrates and other fertilizers and sul-phur and other chemicals, those relating to the in-spection of tracks, bridges, structures, machinery,equipment, and apparatus of railroad, street rail-ways, gas plants, electrical plants, water systems,telephone lines, telegraph lines, and other publicutilities with respect to the safety of employees,those relating to the administration and enforce-ment of laws providing for the protection of em-ployees of railroads, street railways, gas plants,electrical plants, water systems, telephone lines,telegraph lines, and other public utilities, and thoserelating to the enforcement, amendment, alteration,change, and making additions to rules and regula-tions concerning the operation, placing, erection,maintenance, and use of electrical apparatus, andthe construction thereof;

(2) To exercise such other powers and performsuch other duties as may be provided by law.

SEC. 27. The director of public works, the su-Hearings. pervisor of transportation, and the supervisor of

public utilities shall have the power, and it -shall be

20 SESSION LAWS, 1921. [Cir. 7.

SESSION LAWS, 1921.

their duty, to jointly hear and decide, by a majorityvote, all matters, arising either in the division oftransportation or the division of public utilities,which the director of public works, or the super-visor of transportation or the supervisor of publicutilities, respectively, shall deem to be of sufficientimportance to require their joint action, and to hearand decide, by a majority vote, any matter concern-ing which any person affected by the decision ofeither the director of public works, or the supervisorof transportation or the supervisor of public utili-ties shall by request in writing, ask for a joint de-cision: Provided, however, That nothing herein con-tained shall be construed as depriving any personfeeling himself aggrieved by any decision of eitherthe director of public works, the supervisor oftransportation, the supervisor of public utilities, orby any joint decision, of the right of appeal there-from to a court of competent jurisdiction in the manner provided by law.

SEc. 28. The director of public works shall have Division ofhighiways,

the power, and it shall be his duty, through and by po and

means of the division of highways:(1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the state highway commissioner;


SEC. 29. The department of business control control,shall be organized into, and consist of, five divisions, divisions.

to be known respectively as, (1) the division of ad-ministration, (2) the division of purchasing, (3)the division of farm management, (4) the divisionof industrial management, (5) the division of publicbuildings and grounds. The director of businesscontrol shall have charge and general supervisionof the department, and shall receive a salary of notto exceed six thousand dollars per annum.

CH. 7.] 21

SEc. 30. The director of business control shallassistant. have the power to appoint and deputize a chief as-

sistant director, and to appoint and employ suchclerical assistants as may be necessary for the gen-eral administration of the department. The chiefassistant director shall assist in the general super-vision and administration of the department.

SEc. 31. The director of business control shallSupeursr have power to appoint and deputize an assistant

ing. director, to be known as the supervisor of purchas-ing, who shall be, ex officio, chief clerk and disburs-ing officer of the department, have charge and super-vision of the division of purchasing, and have power,with the approval of the director, to appoint andemploy such auditors, accountants, clerks, and otherassistants as may be necessary to carry on the workof the division. No person shall be eligible for ap-pointment as supervisor of purchasing, or to holdthat office, unless he is a citizen of this state andhas had practical experience in commercial pur-suits and accounting.

SEc. 32. The director of business control shallDietitian. have the power to select a member of the faculty of

the University of Washington, or the State Collegeof Washington, skilled in scientific food analysis anddietetics, to be known as the state dietitian, who shallmake and furnish to the department food analysesshowing the relative food value, in respect to cost, offood products, and advise the department as to thequantity, comparative cost, and food values, ofproper diets for the inmates of the state institutionsunder the control of the department. The statedietitian shall receive his actual and necessary trav-eling expenses while engaged in the performance ofhis duties.

Supervisor SEC. 33. The director of business control shallof farmmenage have power to appoint and deputize an assistant di-

22 SESSION LAWS, 1921. [CK. 7.

SESSION LAWS, 1921.

rector, to be known as the supervisor of farm man-agement, who shall have charge and supervision ofthe division of farm management, and have power,with the approval of the director, to appoint and em-ploy such experts, surveyors, foremen, workmen,clerks, and other assistants as may be necessary tocarry on the work of the division. No person shall beeligible for appointment as supervisor of farm man-agement, or to hold such office, unless he is a citizenof this state and has had practical experience infarming operations.

SEc. 34. The director of business control shall Supervisorof industrial

have the power to appoint and deputize an assistant mn.e-

director, to be known as the supervisor of industrialmanagement, who shall have charge and supervisionof the division of industrial management, and shallhave power, with the approval of the director, to ap-point and employ such foremen, mechanics, work-men, clerks, and other assistants as may be necessaryto carry on the work of the division. No person shallbe eligible for appointment as supervisor of indus-trial management, or to hold that office, unless he isa citizen of this state and has had practical experi-ence in the management of industrial or manufact-uring plants.

SEC. 35. The director of business control shall Supervisorof buildings

have power to appoint and deputize an assistant di- and grounds.

rector, to be known as the supervisor of buildingsand grounds, who shall have charge and supervisionof the division of buildings and grounds, and shallhave power, with the approval of the director, to ap-point and employ such engineers, architects, drafts-men, gardeners, watchmen, janitors, mechanics,workmen, clerks, and other assistants as may be nec-essary to carry on the work of the division. No per-son shall be eligible for appointment as supervisorof buildings and grounds, or to hold that office, unless

CH. 7.] 23

he is a citizen of this state and has had practical ex-perience in structural engineering, architecture, orbuilding construction.

Business SEc. 36. The director of business control shallcontroldirectoa have the power, and it shall be his duty:duties. (1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the state board of control, except (a) thesupervision of the custodial care and treatment ofthe inmates of the state custodial school and thestate hospitals for the insane, (b) the paroling ofprisoners from the state penitentiary, and (c) thesupervision of the education given at the state train-ing school, the state school for girls, the state schoolfor the deaf, and the state school for the blind;

(2) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the board of managers of the Washingtonstate reformatory, excepting the paroling of prison-ers from that institution:

(3) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the board of directors of the women's in-dustrial home and clinic, except the parole and dis-charge of inmates of that institution;

(4) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the superintendent of capitol buildingsand grounds;

(5) To classify the work of the department andto assign it to proper divisions; -

(6) To comply with all requirements of the di-rector of health in relation to health and sanitationat the institutions under the control of the depart-ment of business control;


SESSION LAWS, 1921. [CH. 7.24

SESSION LAWS, 1921.

SEc. 37. The director of the department of busi- Supervisor

ness control shall have the power, and it shall be his 'ani es

duty, through and by means of the division of pur-chasing, to purchase all supplies for the support andmaintenance of the state institutions under the con-trol of the department, and to purchase, in the mail-ner provided by law for the purchase of suppliesneeded for the support and maintenance of the in-stitutions under the control of the department, allthe supplies needed for the support, maintenance,and use of the state's educational institutions, theoffices of the elective state officers, the supreme court,the administrative and other departments of thestate government, and the offices of all appointiveofficers of the state; and it shall be the duty of thegoverning authorities of the state's educational in-stitutions, the elective state officers, the supremecourt, the administrative and other departments ofthe state government, and of all appointive officersof the state, to cause to be prepared estimates of thesupplies required for the proper conduct and main-tenance of their respective institutions, offices, anddepartments, covering periods to be fixed by the di-rector of business control, and to forward the sameto the director in accordance with his directions, andno such authorities, officers, or departments, or.anyofficer or employee thereof, shall have the authority Emergency

purchases.to purchase any article for the use of said institu-tions, offices, or departments except in case of ex-treme and immediate necessity, and it shall be theduty of all persons making such emergency pur-chases to immediately report the same, with the rea-sons therefor, to the supervisor of purchasing. Pur-chases made for the state's educational institutions,the offices of the elective state officers, the supremecourt, the administrative and other departments ofthe state government, and the offices of all appointive oayment

officers of the state, shall be paid for out of the supplies.

Cir. 7.] 25

moneys appropriated for supplies, material, andservice of the respective institutions, offices, and de-partments.

Sirc. 38. The director of business control shallStoaeosuppige. have the power to establish and maintain at the

state capital a warehouse or storeroom for the stor-age and distribution of supplies purchased for theelective state officers, the supreme court, and the ad-ministrative and other departments of the state gov-ernment located at the state capital.

SEc. 39. The director of business control shallDavmin-f have the power, through and by means of the division

penet of farm management:(1) To make a survey, investigation, and classi-

fication of the lands connected with the state institu-tions under the control of the department, and de-termine which thereof are of such character as to bemost profitably used for agricultural, horticultural,dairying, and stock raising purposes, taking into con-sideration the cost of making them ready for culti-vation, the character of the soil, its depth and fertil-ity, the number and kinds of crops to which it isadapted, the local climatic conditions, the local an-nual rain fall, the water supply upon the land oravailable, the drainage, natural or artificially avail-able, the needs of all the state institutions for thefood products that can be grown or produced, andthe amount and character of the available labor ofinmates at the several institutions:

(2) To establish and carry on suitable farmingoperations at the several institutions under the con-trol of the department;

(3) To supply the several institutions with thenecessary food products produced thereat;

(4) To exchange with, or furnish to, other stateinstitutions, food products at the cost of production;

(5) To sell and dispose of surplus food productsproduced.


SESSION LAWS, 1921.

SEc. 40. The director of business control shall Division ofindustrial

have the power, through and by means of the division age-

of industrial management: powers.

(1) To establish, install, and operate, at the sev-eral state institutions under the control of the de-partment, such industries and industrial plants asmay be most suitable and beneficial to the inmatesthereof, and can be operated at the least relative costand the greatest relative benefit to the state, takinginto consideration the needs of the state institutionsfor industrial products, and the amount and char-acter of labor of inmates available at the several in-stitutions;

(2) To supply the several institutions with thenecessary industrial products produced thereat;

(3) To exchange with, or furnish to, other stateinstitutions industrial products at the cost of pro-duction;

(4) To sell and dispose of surplus industrial pro-ducts produced.

SEc. 41. The director 6f business control shall State insti-

have the power. and it shall be his duty, to cause all revving

moneys or credits received from the sale or exchangeof farm or industrial products produced or manu-factured at the several institutions under the con-trol of the department to be paid into the state treas-ury to the credit of a revolving fund. to be known asthe state institutional revolving fund, which fund ishereby created and established in the state treasury,and from which fund there shall be biennially ap-propriated for the benefit of the several institutionsunder the control of the department sufficient moneysto cover the estimated biennial contribution to suchfund of each of the said institutions.

SEC. 42. The director of business control shall Dieosal of

have the power, and it shall be his duty, when au- personalty.

thorized in writing so to do by the department of ef-

CH. 7.] 27

ficiency, to sell or exchange any personal propertybelonging to the state for which the office, depart-ment, or institutions having custody thereof has nofurther use, at public or private sale and with orwithout notice, in the discretion of the director ofbusiness control, and to immediately report such saleor exchange to the department of efficiency, on formsto be furnished for that purpose, and to cause themoneys realized from the sale of any such personalproperty to be paid into the state treasury, accom-panied by a statement showing the respective fundfrom which the property sold was purchased, towhich fund the state treasurer shall credit suchmoneys: Provided, If such fund be not in existenceat the time of the sale. the moneys shall be creditedto the general fund.

SEc. 43. The director of business control shall

sAcuntIng have the power, and it shall be his duty, to installand maintain in the department a proper cost ac-counting system of accounts for each of the institu-tions under the control of the department, for thepurpose of detecting and avoiding unprofitable ex-penditures and operations.

SEc. 44. The director of business control shallDivision of have the power, and it shall be his duty, through andpublic build-

ings and by means of the division of public buildings andpowers and orounds:duties. gons

(1) To prepare topographical and architecturalplans for the state institutions under the control ofthe department, and for the state capitol buildings,where not already prepared;

(2) To establish a systematic building programproviding for the grouping of buildings at the in-stitutions under the control of the department, andthe state capital;

(3) To prepare plans, specifications and esti-mates of cost for all necessary repairs of better-


SESSION LAWS, 1921.

ments of buildings owned by the state, except thoseof the state's educational institutions, to accompanythe estimates for the biennial budget;

(4) To supervise the erection, repair, and better-ment of all such state buildings.

SEC. 45. The governor shall, from time to time, ParoleIboards,appoint parole boards, of three members, who shall, powersand

duties.respectively, exerciseall the powers and perform allthe duties relating to the parole of prisoners fromthe state penitentiary and the Washington state re-formatory, now vested in, and required to be per-formed by, the state board of control and the boardof managers of the reformatory, respectively, andshall, from time to time, appoint a parole board, ofthree women, who shall exercise all the powers andperform all the duties relating to the parole and dis-charge of inmates from the women's industrial homeand clinic, now vested in and required to be per-formed by, the board of directors of that institution.The members of all such parole boards shall holdoffice at the pleasure of the governor and shall eachreceive ten dollars per diem for time actually andnecessarily spent in the discharge of their duties,and their actual and necessary traveling expenses,to be paid out of the moneys appropriated for sup-plies, material, and service, for the several institu-tions.

SEC. 46. The director of efficiency shall -have Director orefficiency.

charge and general supervision of the departmentof efficiency, and shall have power to appoint anddeputize a chief examiner and such other examinersas may be necessary, and to appoint a budget clerkand such other clerical assistants as may be neces-sary to carry on the work of the department, andshall receive a salary of not to exceed six thousanddollars per annum.

CHl. 7.] -90

Powers and salhv hduties. SEc. 47. The director of efficiency shall have the

power, and it shall be his duty:(1) To exercise all the powers and perform all

the duties relating to the inspection, examination,and supervision of all public offices of the state, andall state educational, penal, benevolent, and reform-atory institutions, and all offices, departments, andagencies of the state government, now vested in, andrequired to be performed by, the state auditor, thebureau of inspection and supervision of public of-fices, and the inspector, deputy inspectors, and theexaminers thereof;

(2) To make efficiency surveys of all state de-partments and institutions, and the administrativeand business methods pursued therein, examine intothe physical needs and industrial activities thereof,and to make confidential reports to the governor, rec-ommending necessary betterments, repairs, and theinstallation of improved and more economical ad-ministrative methods, and advising such action aswill result in a greater measure of self-support andremedies for inefficient functioning;

(3) To compute cost findings of the several farm-ing and industrial operations at the state institu-tions, and make confidential reports to the governorof profit and loss;

(4) To make property surveys in all state officesand departments and at all state institutions, installand require the maintenance of systems of propertyaccounting, and make confidential reports to the gov-ernor;

(5) To, upon the request of the officer or depart-ment, or the governing authorities of any state in-stitution, having the custody of any personal prop-erty belonging to the state, authorize the sale or ex-change of the same, when it shall appear that the of-fice, department, or institution has no further usefor such property;

30 SESSION LAWVS, 1P)21. [CH. 7.

SESSION LAWS, 1921.

(6) To compile the daily expenditures of the sev-eral offices, departments, and institutions of thestate, and from such compilation and the estimatesfor the biennial appropriation furnished by the sev-eral offices, institutions, and departments preparethe biennial statement provided by law as the basisfor the state budget;

(7) To prepare and recommend to the adminis-trative board a system of classification, salaries,and compensations for all subordinate officers andemployees of the state offices, departments, and in-stitutions other than educational institutions, in-cluding, (a) a basic rate of fixed work value, (b)titles of recognized work requirements by sub-classesand grades of employment, (c) standards of educa-tional or experience qualifications for each class orsub-grade of employment, (d) classified minimumrequirements to be met by persons before being eli-gible for appointment or employment, (e) classifiedstandards to govern promotions and transfers, (f)classified standards of service provisions requiringefficiency of service, (g) classified standards of in-creasing compensations based on length and qualityof service, (h) regular scale of salaries and compen-sations, and (i) progressive scales of salaries andcompensations for efficiency of service, and a tenta-tive schedule for all existing subordinate officers andemployees based upon such stystem, and to, fromtime to time, recommend such changes in the sys-tem of classification and the schedule adopted bythe board as he shall deem for the best interest ofthe state;


SEC. 48. The expense of inspecting and examin- Expenses ofinspection

ing public offices of the state, state institutions, and andexamination.

.departments of the state government, making effi-

CH. 7.] 31

ciency surveys of state departments and institutions,and making property surveys in state offices and de-partments and at state institutions, including the sal-aries and traveling expenses of examiners, shall bepaid out of the moneys appropriated for service forthe several offices, institutions, and departments.

SEC. 49. The department of taxation and exam-Department ination shall be organized into, and consist of, threeof taxationand divisions, to be known respectively as, (1) the divis-examination,

aivisions. ion of taxation, (2) the division of banking, and (3)the division of municipal corporations. The directorof taxation and examination shall have charge andgeneral supervision of the department, receive a sal-ary of not to exceed six thousand dollars per annum,and have power to appoint and employ such clericalassistants as may be necessary for the general ad-ministration of the department.

SEC. 50. The director of taxation and examina-Supervisor tion shall appoint and deputize an assistant director,of taxation. to be known as the supervisor of taxation, who shall

have charge and supervision of the division of taxa-tion, and shall have power, with the approval of thedirector, to appoint and employ such clerical andother assistants as may be necessary to carry on thework of the division.

SEc. 51. The director of taxation and examina-Supervisor tion shall appoint and deputize an assistant director,

to be known as the supervisor of banking, who shallhave charge and supervision of the division of bank-ing, and shall have power, with the approval of thedirector, to appoint and employ such deputies, ex-aminers, inspectors, and clerical and other assistantsas may be necessary to carry on the work of the di-vision. No person shall be eligible to appointment,as, or hold the office of, supervisor of banking, un-less he is, and for at least two years prior to his ap-pointment has been, a citizen of this state, and has

SESSION LAWNS, 1921.2 [CHa. 7.

SESSION LAWS, 1921.

had practical experience in banking, trust company,or building and loan company business, nor if he isinterested in any bank, trust company, or building.and loan association, as a director, officer, or stock-holder.

SEC. 52. The director of taxation and examina- Supervisorof municipal

tion shall have the power to appoint and deputize an corporations.

assistant director, to be known as the supervisor ofmunicipal corporations, who shall have charge andsupervision of the division of municipal corpora-tions, and shall have power, with the approval of thedirector, to appoint and employ such inspectors, ex-aminers, and clerical and other assistants as may benecessary to carry on the work of the division.

SEC. 53. The director of taxation and examina- itaxnorpowers andtion shall have the power, and it shall be his duty, duwifes.

'through and by means of the division of taxation:(1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the state tax commissioner, except thepowers and duties relating to inheritance taxes andescheats;

(2) To secure, tabulate, and keep a record of val-uations of all classes of property, real, personal, andmixed, tangible and intangible, throughout the state,and for that purpose to require of all officers, exam-iners, inspectors, assistants, and employees of thedepartment of taxation and examination, and of allofficers and employees of other departments of thestate government whose work makes it possible toascertain valuations, the filing of reports with thedepartment of taxation and examination, giving in-formation as to such valuations, and the sourcethereof, to the end that there shall be on file, for theuse of the state equalization committee created bythis act, information as to property valuations inevery section of the state;

-2

CH. 7.] 33

34 SESSION LAWS, 1921. [CH. 7.


SEc. 54. The director of taxation and examina-Director of tion shall have the power, and it shall be his duty,taxation and

ewmin tin through and by means of the division of banking:duties. (1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the bank commissioner;

(2) To exercise all the powers and perform allthe duties in relation to the organization, inspection,supervision, and dissolution of building and loan as-sociations, now vested in, and required to be per-formed by, the state auditor;


SEc. 55. The director of taxation and examina-Division of tion shall have the power, and it shall be his duty,municipalcorporations, through and means of the ds of municipalpowers andtrhad by uenlo hedvision o uiiadnties. corporations:

(1) To exercise all the powers and perform allthe duties relating to the inspection and supervisionof public offices of counties, cities, towns, townships,taxing districts, assessing districts, and other mu-nicipal corporations, now vested in, and required tobe performed by, the state auditor, the bureau of in-spection and supervision of public offices, and the in-spector, deputy inspectors and examiners thereof;


SEc. 56. The director of health, who shall be anBoard of experienced physician, and four other persons ex-health. eprecdpyiiiadfu te esn x

perienced in matters of health and sanitation, to beappointed by the governor, shall constitute the stateboard of health. The director shall be chairman andexecutive officer of the board and, with the adviceand assistance of the board, shall have charge andsupervision of the department of health, and shall

SESSION LAWS, 1921.

receive a salary of not to exceed five thousand dol-lars per annum.

SEc. 57. The director of health shall appoint the Registrar of

state registrar of vital statistics, who shall be the statistics.

secretary of the state board of health. The directorshall have power to appoint and employ such dep-uties, scientific experts, sanitary engineers, quaran-tine officers, local registrars, and such clerical andother assistants as may be necessary to carry on the.work of the department.

SEC. 58. The state board of health, created by Board ofhealth.

this act, shall have the power, and it shall be its duty: nowers anduties.

(1) To exercise all the powers and perform allthe duties now vested in, and required to.be per-formed by, the state board of health;


SEc. 59. Th6 director of health shall have the Director ofhealth.

power, and it shall be his duty: puwers ond

(1) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the state commissioner of health;

(2) To, with the assistance of the state registrarof vital statistics, exercise all the powers and per-form all the duties, in relation to the registration ofvital and mortuary statistics, now vested in, and re-quired to be performed by, the state commissioner ofhealth, the superintendent of registration, and thestate registrar;

(3) To, not less often than once each six months,visit and inspect each of the state institutions, ascer-tain the sanitary and health conditions existing ateach of said institutions, require the respective gov-erning authorities thereof to take such action as willconserve the health of all persons connected there-with, and report his findings to the governor.

SEC. 60. The director of health and the head phy- Instuonal

sicians of the women's industrial home and clinic, health.

CH. 7.] 35

the state custodial school and each of the state hos-pitals for the insane, and one woman physician to beappointed by the governor to hold office during hispleasure, shall constitute a board, to be known as theinstitutional board of health, which shall have power,and it shall be its duty, to visit each such institutionand advise the superintendent regarding generalpolicy of custodial care and treatment of the inmatesthereof, to, from time to time, advise general rulesand regulations for carrying out such policy, and to,with the advice and assistance of the state dietitian,adopt and prescribe general rules and regulations toprovide a healthful and proper diet for the variousclasses of inmates of such state institutions, havingregard to their age, physical and mental condition,and their ability to perform labor. The director ofhealth shall be the chairman of the institutionalboard of health which shall meet at the state capitalon the last Monday in June of each year and at suchother times and places, at the call of the chairman, asthe board may fix by rules and regulations. Theboard may, from time to time, cause to be printed areport showing the general policy of, and the rulesand regulations relating to, custodial care and treat-ment, and the rules and regulations relating to diet,as recommended by the board, and furnish a suffi-cient number of copies to each such state institutionfor its use. The superintendent of each of such insti-tutions shall, however, have exclusive care and.charge of the custodial treatment of the inmates ofthe institution under his care, and may or may notadopt the suggestions of the institutional board ofhealth relating to custodial treatment. The boardmay also, upon request, furnish copies of the dieteticrules and regulations to other institutions.

Departmentofconserva- SEC. 61. The department of conservation andtion anddevelopment, development shall be organized into, and consist of,divisions.

SESSION LAWS, 1921. [Cii. 7.36

SESSION LAWS, 1921. 37five divisions, to be known respectively as, (1) thedivision of forestry, (2) the division of geology,(3) the division of reclamation, (4) the division ofthe Columbia-basin survey, and (5) the division ofhydraulics. The director of conservation and de-velopment shall receive a salary of not to exceedseventy-five hundred dollars per annum, and shallhave the power to appoint such clerical assistants asmay be necessary for the general administration ofthe department.

SEc. 62. The director of conservation and de- Supervisorof forestry.

velopment shall have power to appoint and deputizea competent assistant director, to be known as thesupervisor of forestry, who shall have charge andsupervision of the division of forestry and, withthe approval of the director, shall have power toappoint and employ such forest rangers, fire ward-ens, clerks, and other assistants as may be necessaryto carry on the work of the division.

SEc. 63. The director of conservation and de- Supervisorof geology.

velopment shall have power to appoint and deputizea competent assistant director, to be known as thesupervisor of geology, who shall have charge andsupervision of the division of geology, receive tendollars per diem for each day employed in the per-formance of his duty and his actual and necessarytraveling expenses, and, with the approval of thedirector, shall have power to appoint and employsuch field experts, surveyors, clerks, and other as-sistants as may be necessary to carry on the workof the division.

SEc. 64. The director of conservation and de- Supervisorof reclama-

velopment shall have power to appoint and deputize tion.a competent assistant director, td be known as thesupervisor of reclamation, who shall have chargeand supervision of the division of reclamation, and,with the approval of the director, shall have power

CH. 7.]

to appoint and employ such engineers, experts, ac-countants, clerks, and other assistants as may benecessary to carry on the work of the division.

SEC. 65. The director of conservation and de-Supervisor velopment shall have power to appoint and deputizeColumbia a competent assistant director, to be known as thesarvy. supervisor of the Columbia basin survey, who shall

have charge and supervision of the Columbia basinsurvey, and, with the approval of the director, shallhave power to appoint and employ such engineers,experts, and clerical and other assistants as may benecessary to carry on the work of the division.

SEC. 66. The director of conservation and de-Supervisor velopment shall have power to appoint and deputizehydraulics. a competent assistant director, to be known as the

supervisor of hydraulics, who shall have charge andsupervision of the division of hydraulics, and, withthe approval of the director, shall have power toappoint and employ such engineers and clerical andother assistants as may be necessary to carry on thework of the division.

SEC. 67. The director of conservation and de-Division velopment shall have the power, and it shall be hisof forestry,Powers and duty, through and by means of the division of for-duties.

estry:(1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the state board of forest commissioners;

(2) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the state forester;

(3) To exercise such other powers and per-form such other duties as may be provided by law.

SEC. 68. The director of conservation and de-Director of velopment shall have power to exercise all the pow-cOnservationandevelop- ers relating to the suspension of permits for privil-merit.

* eges to burn forest material during the closed sea-son, and relating to the susuension of the open


SESSION LAWS, 1921.

season for shooting game, now vested in the gov-ernor.

SEC. 69. The director of conservation and de- ge on ori i~ poers andvelopment shall have the power, and it shall be his duties.

duty, through and by means of the division ofgeology:

(1) To exercise all the powers and performall the duties now vested in, and required to be per-formed by, the board of geological survey;

(2) To exercise all the powers and performall the duties now vested in, and required to be per-formed by, the state geologist; .


SEC. 70. The director of conservation and de- Division orSreclamation.velopment shall have the power, and it shall be his powers and

duties,duty, through and by means of the division of recla-mation:

(1) To exercise all the powers and performall the duties now vested in, and required to be per-formed by, the state reclamation board;


SEC. 71. The director of conservation and de- Divisionof the

velopment shall have the power, and it shall be his Columbiabasi'n survey,

duty, through and by means of the division of the powers andduties.

Columbia basin survey:(1) To exercise all the powers and perform

all the duties now vested in, and required to be per-formed by, the Columbia basin survey commission;


SEC. 72. The director of conservation and de- Division ofhydraulics,

velopment shall have the power, and it shall be his powers andduties.

duty, through and by means of the division of hy-draulics:

CH. 7.1 39

(1) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the state hydraulic engineer;


SEc. 73. The director of conservation and de-Hearings. velopment, the supervisor of hydraulics, and the su-

pervisor of reclamation, or the supervisor of theColumbia basin survey, as the case may be, shallhave the power, and it shall be their duty, to jointlyhear and decide, by a majority vote, all matters,arising either in the division of reclamation or thedivision of the Columbia basin survey, which thedirector of conservation and development, or thesupervisor of reclamation or the supervisor of theColumbia basin survey, respectively, shall deem tobe of sufficient importance to require their jointaction; and to hear and decide, by a majority vote,any matter concerning which any person affectedby the decision of either the supervisor of reclama-tion or the supervisor of the Columbia basin surveyshall, by request in writing, ask for a joint decision:

Appeals. Provided, however, That nothing herein containedshall be construed as depriving any person feelinghimself agrieved by any decision of either the di-rector of conservation and development, the super-visor of reclamation, the supervisor of the Columbiabasin survey, or by any joint decision, of the rightof appeal therefrom to a court of competent juris-diction in the manner provided by law.

SEc. 74. The department of labor and indus-Department tries shall be organized into, and consist of, threeof labor and

divisines. divisions, to be known respectively as, (1) the di-vision of industrial insurance, (2) the division ofsafety, (3) the division of industrial relations. The'director of labor and industries shall receive a sal-ary of not to exceed seventy-five hundred dollarsper annum, and have power to appoint such clerical

40 SESSION LAWS, 1921. [Cu. 7.

SESSION LAWS, 1921.

assistants as may be necessary for the general ad-ministration of the department.

SEC. 75. The director of labor and" industries Supervisorof industrial

shall have the power to appoint and deputize an insurance.

assistant director, to be known as the supervisorof industrial insurance, who shall have charge andsupervision of the division of industrial insurance.and, with the approval of the director, appoint andemploy such adjusters, medical and other examiners,auditors, inspectors, clerks, and other assistantsas may be necessary to carry on the work of the di-.vision.

SEc. 76. The director of labor and industries Supervisorof safety.

shall have power, (1) to appoint and deputize anassistant director, to be known as the supervisor ofsafety, who shall have charge and supervision ofthe division of safety, (2) to appoint the state min-ing board, the members of which shall have thequalifications provided by law, and (3) to appointand deputize a chief inspector of mines, who shallhave the qualifications provided by law for the officeof the state mine inspector. The supervisor ofsafety, with the approval of the director, shall havepower to appoint-and employ such inspectors, clerks,and other assistants as may be necessary to carryon the work of the division. The chief mine inspec-tor, with the approval of the director, shall appointsuch qualified deputies as are provided by law.

SEc. 77. The director of labor and industries Supervisor

shall have power to appoint and deputize an assist- relations.

ant director, to be known as the supervisor of indus-trial relations, who shall be the state mediator, havecharge and supervision of the division of industrialrelations, and, with the approval of the director,shall appoint an assistant to be known as the indus-trial statistician, and a female assistant to be knownas the supervisor of women in industry, and havepower to appoint and employ such assistant media-

CH. 7.] 41

tors, experts, clerks, and other assistants as may benecessary to carry on the work of the division.

SEo. 78. The director of labor and industriesDivision of shall have the power, and it shall be his duty,industrialinsurance, through and by means of the division of industrialpowers andduties. insurance:

(1) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the industrial insurance department andthe commissioners thereof;

(2) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the state medical aid board;

(3) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the local aid boards;

(4) To have the custody of all property acquiredby the state at execution sale upon judgments ob-tained for delinquent industrial insurance premiumsor medical aid contributions, and penalties and costs,to sell and dispose of the same at private sales forthe sale purchase price, and to pay the proceeds intothe state treasury to the credit of the industrial in-surance fund, or medical aid fund,- as the case maybe. In case of the sale of real estate the directorshall execute the deed in the name of the state;. (5) To-exercise such other powers and perform

such other duties as may be provided by law.SEC. 79. The director of labor and industries,

Hearings. the supervisor of industrial insurance, and the su-pervisor of safety shall have the power, and it shallbe their duty, to jointly hear and decide, by a ma-jority vote, all matters arising in either the divisionof industrial insurance or the division of safety,which the director of labor and industries, or thesupervisor of industrial insurance or the supervisorof safety, respectively, shall deem to be of sufficientimportance to require their joint action, and to hear

SESSION LAWS, 1921. [CHi. 7.42

SESSION LAWS, 1921.

and decide, by a majority vote, any matter concern-ing which any person affected by the decision ofeither the supervisor of industrial insurance or thesupervisor of safety shall, by request in writing, askfor a joint decision: Provided, however, That noth- Appeals.

ing herein contained shall be construed as deprivingany person feeling himself aggrieved by any de-cision of either the director of labor and industries,the supervisor of industrial insurance, the super-visor of safety, or by any joint decision, of the rightof appeal therefrom to a court of competent juris-diction in the manner provided by law.

SEC. 80. The director of labor and industries Division ofsafety,

shall have the power, and it shall be his duty, ggw ana

through and by means of the division of safety:(1) To exercise all the powers and perform all

the duties now vested in, and required to be per-formed by, the state safety board, except the ap-pointment of the state mining board;

(2) To exercise all the powers. and perform allthe duties in relation to the inspection of factories,mills, work-shops, store-houses, ware-rooms, storesand buildings, and the machinery and apparatustherein contained, and steam vessels, and other ves-sels operated by machinery, and in relation to theadministration and enforcement of all laws provid-ing for the protection of employees in mills, fac-tories, work-shops, and other places where machin-ery is used, and in relation to the enforcement, in-spection, and certification of safe places and safetydevice standards in all industries, now vested in,and required to be performed by, the commissionerof labor;

(3) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the state mine inspector and deputy mineinspectors;

Cit. 7.]1 43

(4) To exercise all the powers and perform allthe duties in relation to the inspection of tracks,bridges, structures, machinery, equipment, and ap-paratus of railroads, street railways, gas plants,electrical plants, water systems, telephone lines,telegraph lines, and other public utilities, with re-spect to the safety of employees, and the adminis-tration and enforcement of all laws providing forthe protection of employees of railroads, street rail-ways, gas plants, electrical plants, water systems,telephone lines, telegraph lines, and other public util-ities, now vested in, and required to be performedby, the public service commission;

(5) To exercise all the powers and perform allthe duties in relation to the enforcement, amend-ment, alteration, change, and making additions to,rules and regulations concerning the operation, plac-ing, erection, maintenance, and use of electrical ap-paratus, and the construction thereof, now vestedin, and required to be performed by, the public serv-ice commission;

(6) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the inspector of hotels;

(7) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the bureau of labor;


SEc. 81. The director of labor and industriesDivision o shall have the power, and it shall be his duty,industrialrelations., hooh n enpowers n through and by means of the division of industrialduties. relations:

(1) To promote mediation in, conciliation con-cerning, and the adjustment of, industrial disputes,in such manner and by such means as may be pro-vided by law;


SESSION LAWS, 1921.

(2) To study and keep in touch with problemsof industrial relations and, from time to time, makepublic reports and recommendations to the legisla-ture;

(3) To, with the assistance of the industrialstatistician, exercise all the powers and perform allthe duties in relation to collecting, assorting, andsystematizing statistical details relating to laborwithin the state, now vested in, and required to beperformed by, the secretary of state, and to reportto, and file with, the secretary of state duly certifiedcopies of the statistical information collected, as-sorted, systematized, and compiled, and in collecting,assorting, and systematizing such statistical infor-mation to, as far as possible, conform to the plansand reports of the United States department oflabor;

(4) To, with the assistance of the industrialstatistician, make such special investigations andcollect such special statistical information as maybe needed for use by the department or division ofthe state government having need of industrial sta-tistics;

(5) To, with the assistance of the supervisor ofwomen in industry, supervise the administration andenforcement of all laws respecting the employmentand relating to the health, sanitary conditions, sur-roundings, hours of labor, and wages of women andminors;

(6) To exercise all the powers and perform allthe duties, not specifically assigned to any otherdivision of the department of labor and industries,now vested in, and required to be performed by, thecommissioner of labor;


45Ou. 7.]

SEc. 82. The director of labor and industries, thewnedial supervisor of industrial insurance, the supervisoromm"nute, of industrial relations, the industrial statistician, and

duties. the supervisor of women in industry shall constitutea committee, of which the director shall be chairman,and the supervisor of women in industry shall beexecutive secretary, which shall have the power, andit shall be its duty:

(1) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the industrial welfare commission.

SEc. 83. The department of agriculture shall beoe artent organized into, and consist of, five divisions, to beivsions. known respectively as, (1) the division .of agricul-

ture, (2) the division of horticultfire, (3) the divisionof dairy and live stock, (4) the division of foods,feeds, drugs, and oils, and (5) the division of weightsand measures. The director of agriculture shallhave charge and general supervision of the depart-ment and shall receive a salary of not to exceedseventy-five hundred dollars per annum.

SEC. 84. The director of agriculture shall haveof geriso the power to appoint and deputize an assistant direc-culture. tor to be known as the supervisor of agriculture,

who shall have charge and supervision of the divi-sion of agriculture, and, with the approval of thedirector, shall have power to appoint and employsuch inspectors and clerical and other assistants, asmay be necessary to carry on the work of the divi-sion.

SEc. 85. The director of agriculture shall haveSupervisor the power to appoint and deputize an assistant di-of horti-culture. rector, to be known as the supervisor of horticulture,

who shall have charge and supervision of the divi-sion of horticulture, and, with the approval of thedirector, shall have power to appoint and deputizesuch inspectors, and to appoint and employ such

46 SESSION LAWS, 1921. [Cii. 7.

SESSION LAWS, 1921.

clerical and other assistants, as may be necessary tocarry on the work of the division.

SEC. 86. The director of agriculture shall have Supervisorof dairy and

the power to appoint and deputize an assistant direc- livestock.

tor, to be known as the supervisor of dairy and livestock, who shall have charge and supervision of thedivision of dairy and live stock, and, with the ap-proval of the director, shall have power to appointand deputize such veterinarians, testers, and inspec-tors, and to appoint and employ such clerical andother assistants, as may be necessary to carry on thework of the division.

SEC. 87. The director of agriculture shall have Supervisor

the power to appoint and deputize an assistant di- feeds, drugs

rector, to be known as the supervisor of foods, feeds, and oils.

drugs, and oils, who shall have charge and super-vision of the division of foods, feeds, drugs, and oils,and, with the approval of the director, shall havepower to appoint and deputize such inspectors, andto appoint and employ such clerical and other assist-ants, as may be necessary to carry on the work ofthe division.

SEC. 88. - The director of agriculture shall have Supervisorof weights

the power to appoint and deputize an assistant di- andmeasures-

rector, to be known as the supervisor of weights andmeasures, who shall have charge and supervision ofthe division of weights and measures, and, with theapproval of the director, shall have power to ap-point and deputize such sealers, testers, and inspec-tors, and to appoint and employ such clerical andother assistants, as may be necessary to carry on thework of the division.

SEC. 89. The director of agriculture shall have Director ofagriculture,

power, and it shall be his duty, to exercise all the powers and

powers and perform all the duties now vested in,and required to be performed by, the commissionerof agriculture, and to exercise such other powers and

Cu. 7.] 47

perform such other duties as may be provided bylaw.

SEC. 90. The director of agriculture shall haveDiio the power, and it shall be his duty, through and byduties, means of the division of agriculture:

(1) To exercise all the powers and perform allthe duties relating to the state fair, commercial fer-tilizers, surveys and classifications of lands, quaran-tine measures for the protection of any agriculturalcrops, forest trees, forest products, or other prod-ucts not otherwise protected by law, agricultural andvegetable seeds, and growing crops thereof, nowvested in, and required to be performed by, the com-missioner of agriculture;

(2) To require all subordinate field officers, in-spectors, and employees of the department to ob-serve and report the existence of weeds liable tobecome a pest and detriment to the agricultural in-terests of any portion of the state, giving the nature,location, and extent thereof ;

(3) To, when in his judgment any weeds are ormay become noxious as defined by law, notify theauditor of the county in which such weeds are found,and the clerk of each incorporated city and town insuch county, giving the name and the description ofsuch weeds and the locality in which the same arefound in the county, and it shall be the duty of suchcounty auditor and city and town clerks to publishnotice of the existence of such weeds, giving thename and the description of such weeds and thelocality in which the same are found in the county,in the manner and for the time provided by law for

- the publication of descriptions of noxious weeds fur-nished by the state botanists;

(4) To notify the road supervisor of any roaddistrict in which noxious weeds are found, and thecounty commissioners of the county, of the presenceof such weeds, giving the name and the description

48 SESSION LAWvS, 1921. [CH. 7.

SESSION LAWS, 1921.

of the weeds and the locality in which they are found,and it shall be the duty of every such road super-visor and the board of county commissioners so no-tified to enforce the law for protection against thespread of such noxious weeds and the destructionthereof;

(5) To exercise all the powers and perform allthe duties relating to grain, hay, peas, grain and hayproducts, rice, beans, and other similar articles, ni-trates and other fertilizers, sulphur and other chem-icals, except the regulation of rates, service andfacilities of public warehouses and public terminalwarehouses in relation thereto, now vested in, andrequired to be performed by, the public service com-mission;

(6) To exercise all the powers and perform allthe duties now vested in, and required to be per-formed by, the director of farm marketing;

(7) To enforce and supervise the administra-tion of all laws relating to agriculture, agriculturalproducts, and agricultural interests.

SEC. 91. The director of agriculture shall have Division ofhorticulture,

the power, and it shall be his duty, through and by powers and

means of the division of horticulture:(1) To exercise all the powers and perform all

the duties relating to horticulture, and horticulturalplants and products, now vested in, and required tobe performed by, the commissioner of agriculture;

(2) To enforce and supervise the administrationof all laws relating to horticulture, horticulturalproducts, and horticultural interests.

SEC. 92. The director of agriculture shall have Division ofdairy and

the power, and it shall be his duty, through and by livestock,powers and

means of the division of dairy and live stock: duties.

(1) To exercise all the powers and perform allthe duties relating to diseases among domestic ani-mals, the quarantine and destruction of diseased

OH. 7.1 49

animals, now vested in, and required to be performedby, the commissioner of agriculture;

(2) To exercise all the powers and perform allthe duties relating to milk, milk products, and dairiesand dairy products, now vested in, and required tobe performed by, the commissioner of agriculture;

(3) To exercise all the powers and perform allthe duties relating to the registration of stallionsand jacks, now vested in, and required to be per-formed by, the commissioner of agriculture;

(4) To enforce and supervise the administrationof all laws relating to dairies, dairy products, livestock, and dairy and live stock interests.

SEC. 93. The director of agriculture shall haveDivision offoods, feeds, the power, and it shall be his duty, through and bydrugs and...oilspowers means of the division of foods, feeds, drugs, andand duties.

oils:(1) To exercise all the powers and perform all

the duties formerly vested in, and required to beperformed by, the state oil inspector,. now vested in,and required to be performed by, the commissionerof agriculture; exercise all the powers and performall the duties relating to foods, food products, drinks,and drugs, formerly vested in and required to beperformed by the state dairy and food commissioner,now vested in and required to be performed by thecommissioner of agriculture; exercise all the powersand perform all the duties relating to concentratedcommercial feeding stuffs formerly vested in andrequired to be performed by the director of theWashington agricultural experiment station, nowvested in, and required to be performed by, the com-missioner of agriculture; and exercise all the powersand perform all the duties relating to foods, foodproducts, drinks, concentrated commercial feedingstuffs, drugs, and oils and other petroleum prod-ucts, now vested in, and required to be performedby, the commissioner of agriculture;

SESSION LAWS, 1921. [Cir. 7.50

SESSION LAWS, 1921.

(2) To exercise all the powers and perform allthe duties relating to bakeries and bakeshops, nowvested in, and required to be performed by, the com-missioner of agriculture;

(3) To enforce and supervise the administra-tion of all laws relating to foods, food products,drinks, feeds, drugs, and oils, and their inspection,manufacture, and sale.

SEc. 94. The director of agriculture shall have Division ofweights and

the power, and it shall be his duty, through and by measures.powers and

means of the division of weights and measures: duties.

(1) To exercise all the powers and perform allthe duties relating to weights and measures, nowvested in, and required to be performed by, the sec-retary of state, the superintendent of weights andmeasures, the deputy superintendent of weights andmeasures, the inspector of weights and measures,and' the state sealers.

SEc. 95. The director of licenses shall have Director oflicenses.

charge and general supervision of the departmentof licenses, receive a salary of not to exceed fivethousand dollars per annum, and have power toappoint such clerical and other assistants as may benecessary to carry on the work of the department, todeputize one or more of such assistants to performsuch duties in the name of the director as he maydeem expedient, and to designate one assistant aschief clerk and secretary of the department.

SEc. 96. The director of licenses shall have the Ptle and

power, and it shall be his duty:(1) To exercise all the powers and perform all

the duties now vested in, and iequired to be per-formed by, the board of accountancy of the Stateof Washington, the architects'.board of examiners,the barbers' examining board, the state board ofchiropody, the state board of chiropractic exam-iners, the board of dental examiners, the board of

cHr. 7.1 51

drugless examiners of the State of Washington, thestate embalmers' examining board, the board ofmedical examiners of the State of Washington, thestate board of mining examiners, the nurses' exam-ining board, the state optometry board, the boardof osteopathic examiners of the State of Washing-ton, the state board of pharmacy, and the state boardof veterinary medical examiners, respectively, ex-cept the receiving of fees.

SEC. 97. The director of licenses shall have theForms. power, and it shall be his duty, to prescribe the re-:

spective forms of applications for examination forlicenses, certificates of registration, certificates ofcompetency, certificates of authority, and certificatesof qualifications, to practice the respective profes-sions, callings, and occupations requiring examina-tion, and the respective forms of licenses and cer-tificates to be issued upon examination.

SEC. 98. The word "license" wherever used in'License" the succeeding sections shall be held and construeddefined, to mean and include license, certificate of registra-

tion, certificate of qualification, certificate of compe-tency, certificate of authority, and any other instru-ment, by whatever name designated, authorizing thepractice of a profession or calling, the carrying onof .a business or occupation, or the doing of any actrequired by law to be authorized by the state.

SEC. 99. The director of licenses shall have theExamina- power, and it shall be his duty, from time to time, totions foricenses. fix such times and places for holding examinations

of applicants for licenses as may be necessary andconvenient, and to adopt general rules and regula-tions prescribing the method of conducting examina-tions. The governor shall, from time to time, uponthe request of the director of licenses, appoint exam-ining committees, to be composed of three personspossessing the qualifications provided by law to con-

52 . SESSION LAWS, 1921. [CH. 7.

SESSION LAWS, 1921.

duct examinations of applicants for licenses to prac-tice the respective professions or callings for whichlicenses are required, which committees respectivelyshall prepare the necessary lists of examinationquestions, conduct the examinations, which may beeither oral or written or partly oral and partly writ-ten, and shall make and file with the director oflicenses lists, signed by all the members of the com-mittee conducting the examination, showing thenames and addresses of all applicants for licenseswho have successfully passed the examination, andshowing separately the names and addresses of theapplicants who have failed to pass the examination,together with all examination questions and thewritten answers thereto submitted by the applicants.Each member of such committee shall receive tenidollars per day for each day spent in conducting theexamination and in going to and returning from theplace of examination, and his actual and necessarytraveling expenses.

SEC. 100. All applications for examinations for Applicationsand fees for

licenses shall be filed with the state treasurer, to- ucenses.gether with the fee required by law to be paid inadvance of the examination, and it shall be the dutyof the state treasurer, on the next business day afterthe receipt of any such application and fee, to trans-mit the application, accompanied by his duplicatereceipt for the fee, to the department of licenses,and to deposit in the state treasury to the credit ofthe proper funds the balance of moneys received asadvance fees for examinations on hand at the closeof the preceding business day, after making all cor-rections and refunding all over-payments and othersums authorized by law to be refunded. It shall bethe duty of the secretary of the department of li-censes, upon the receipt of any application for ex-amination accompanied by the treasurer's duplicatereceipt for the advance fee, to notify the applicant

CH. 7.] 53

of the day and place of the next ensuing examina-tion applied for.

SEC. 101. At the close of each examination itIssue of shall be the duty of the secretary of the departmentlicenses. of licenses to cause to be prepared the proper li-

censes, where no further fee is required by law tobe paid, and to issue to the successful applicantstherefor such licenses, signed by the director of li-censes and attested by the secretary under the sealof the department of licenses, and to notify all suc-cessful applicants for licenses, where a further feeis required by law to be paid, of the fact that theyare entitled to receive such license upon the pay-ment of such further fee to the state treasurer, andto notify all applicants who have failed to pass theexamination of that fact. It shall be the duty ofthe state treasurer, upon the receipt of any suchfurther fee required by law, to transmit his dupli-cate receipt therefor to the department of licenses,and the secretary, upon receiving such duplicate re-ceipt, shall cause to be prepared and, to be issued tothe successful applicants the licenses in the mannerprovided for the issuance of licenses at the close ofexaminations. In all cases where an unsuccessfulapplicant is by law entitled to a refund of the wholeor any portion of the advance fee paid, the secretaryof the department of licenses shall certify that factto the state treasurer, and the state treasurer shallrefund the amount provided by law out of the cur-rent receipts of advance fees for examinations.

SEC. 102. It shall be the duty of the secretary ofNotice to the department of licenses, on or before thirty daysrenewlicenses. prior to the renewal date of any license which by

law may be, or is required to be, renewed, to. notifythe holder of such license of such renewal date, theamount of the renewal fee required, and that suchfee shall be paid to the state treasurer. Upon thenext business day after the receipt of any such re-

54 SESSION LAWS, 1921. [CIE. 7.

SESSION LAWS, 1921.

newal fee the state treasurer shall transmit his du-plicate receipt therefor to the department of licensesand, after making all corrections and refunding allover-payments, to deposit the balance remaining onhand at the close of the preceding business day inthe state treasury to the credit of the proper funds.Upon receiving such duplicate treasurer's receiptthe secretary of the department of licenses shallcause to be prepared the proper renewal certificate,signed by the director of licenses and attested by thesecretary under the seal of the department, andissue the same to the licensee.

SEC. 103. Whenever there shall be filed with the violations oyholders of

director of licenses any complaint charging that the licenses.

holder of any license has been guilty of any act oromission which by the provisions of the law underwhich the license was issued would warrant thereiocation of his license, such complaint being veri-fied in the manner provided by such law, the directorof licenses shall request the governor to appoint, andthe governor shall -appoint, two qualified practi-tioners of the profession or calling of the person Hearings.

charged, who with. the director shall constitute acommittee to hear and determine the charges and,in case the charges are sustained, to impose the pen-alty provided by law. The decision of any two mem-bers of such committee shall be the decision of thecommittee. The appointed members of such com-mittee shall receiv'e ten dollars per day for each dayspent in the performance of their duties and in goingto and returning from the place of hearing, andtheir actual and necessary traveling expenses.

SEC. 104. The director of licenses shall have the Director oflicenses,

power, and it shall be his duty: powers and

(1) To exercise all the powers and perform allthe duties relating to the issuance and renewal oflicenses, now vested in, and required to be per-

CHi. 7.] 5D

SESSION LAWS, 1921.

formed by, the state fish commissioner, except thereceiving of fees;

(2) To exercise all the powers and perform allthe duties relating to the issuance of licenses toengage in the business of breeding and selling wildanimals, wild birds or game birds, and the selling atretail of the carcasses thereof or parts thereof, nowvested in, and required to be performed by, the statefish commissioner as ex-oflicio state game warden,except the receiving of fees;

(3) To exercise all the powers and perform allthe duties relating to the issuance of licenses toitinerant vendors or peddlers of any medicine, drug,nostrum, ointment, or preparation for the treatmentof disease or injury, now vested in and required tobe performed by the board of pharmacy of the Stateof Washington, except the receiving of fees;

(4) To exercise all the powers and perform allthe duties relating to the issuance of licenses toaliens to carry or have in their possession firearms,now vested in, and required to be performed by, thestate auditor, except the receiving of fees;

(5) To exercise all the powers and perform allthe duties relating to licenses of corporations, nowvested in, and required to be performed by, the sec-retary of state, except the receiving of fees;

(6) To exercise all the powers and perform allthe duties relating to motor vehicle licenses and per-mits to engage in or carry on the business of carry-ing or transporting passengers for hire in motorpropelled vehicles, now vested in, and required tobe performed by, the secretary of state, except thereceiving of fees;

(7) To exercise all the powers and perform allthe duties relating to licenses to engage in or con-tinue the business of installing wires to convey elec-tric current, or electric apparatus to be operated by

56 ECK. 7.

SESSION LAWS, 1921.

such current, now vested in, and required to be per-formed by, the secretary of state, except the receiv-ing of fees.

SEc. 105. All applications for the licenses men- Applicationsfor licenses

tioned in the preceding section and for renewals to be filedwith State

thereof shall be filed with the state treasurer, to- Treasurer.

gether with the fee required by law to be paid in ad-vance, and it shall be the duty of the state treasurer,on the next business day after the receipt of anysuch application and fee, to transmit the applica-tion, accompanied by his duplicate receipt for thefee, to the department of licenses, and to deposit inthe state treasury to the credit of the proper fundsthe balance of moneys received as advance fees forlicenses and renewals remaining on hand at the closeof the preceding business day, after making all cor-rections and refunding all over-payments. Uponthe receipt of any such application for a license ora renewal thereof, accompanied by the treasurer'sduplicate receipt for the advance fee, the directorof licenses shall cause to be prepared and issue tothe applicant the license or renewal applied for,signed by the director of licenses and attested bythe secretary under the seal of the department oflicenses.

SEC. 106. Any person feeling himself aggrieved Appeals.

by the refusal of the director of licenses to issueany license provided for in this act, or to renew thesame, or by the revocation or suspension of anylicense issued under the provisions of this act orany law being administered under this act, shallhave a right of appeal from the decision of the di-rector of licenses to the superior court of Thurstoncounty, which appeal shall be taken, prosecuted,heard, and determined, as near as may be, in themanner provided by law for taking, prosecuting,hearing, and determining appeals from justices'

57CH. 7.]

courts to superior courts. No appeal shall lie fromthe decision of the superior court of Thurston countyon such appeals from the director of licenses, butsuch decisions may be reviewed as to matters of lawby the supreme court upon writs of review sued outin the manner provided by law.

SEC. 107. The department of fisheries and gameDea rtent shall be organized into, and consist of, the statend game, fisheries board and two divisions, to be known re-

spectively as, (1) the division of fisheries, and (2)the division of game and game fish. The directorof fisheries and game shall have charge and generalsupervision of the department, and shall receive asalary of not to exceed six thousand dollars per an-num, and shall have power to appoint and deputizesuch clerical and other assistants as may be neces-sary for the general administration of the depart-ment. No person shall be eligible to appointment as,or to hold the office of, director of fisheries and gameunless he has general knowledge of fishing condi-tions and of the fishing industry in this state, nor ifhe has any financial interest in the fishing industryor any industry directly connected therewith.

SEC. 108. The food fishes in the waters of theFood fish state of Washington shall be preserved, protected,preserved

tected. and perpetuated, and to that end such food fishesshall not be taken at such times or places, by suchmeans, or in such manner, as will impair the supplythereof.

. SEC. 109. The governor shall have the power,State and it shall be his duty, to appoint three citizens offisheriesboard. this state who have a general knowledge of fish and

fisheries of the waters of and adjacent to the stateof Washington, as members of, and who shall con-stitute, the state fisheries board to serve at the pleas-ure of the governor, and who shall receive theiractual and necessary expenses while engaged in theperformance of their duties.

58 SESSION LAWS, 1921. [Cia. 7.

SESSION LAWS, 1921.

SEC. 110. The state fisheries board shall have the Powers.

power to investigate the habits, supply, and economicuses of, and to classify, the food fishes in the watersof the state of Washington and, from time to time,make, adopt, amend, and promulgate rules and regu-lations governing the taking thereof, (1) fixing thetimes when the taking of the several classes of, andall, food fishes is prohibited, (2) specifying and de-fining the places and waters in which the taking ofthe several classes of, and all, food fishes is pro-hibited, and (3) defining, fixing, and prescribing thekinds of gear, appliances, or other means that maybe used in taking the several classes of food fishes,and the times, places, and manner of using the same.

SEC. 111. All laws relating to the matters re- Repealing

ferred to in the last preceding section are hereby re- clause,

pealed as statutes, and are hereby constituted anddeclared to be operative and to remain in force asthe rules and regulations of the state fisheries board,until such time as they or any of them are amended,modified, or revoked by the state fisheries board:Provided, That holders of existing fishing locationsshall hold and enjoy the same with the exclusiveright to operate their fishing appliances thereonunder the rules and regulations of said board at alltimes when fishing in the waters where such loca-tions are situated shall be permitted.

SEC. 112. All rules and regulations of the state Rules a nd. regulations

fisheries board, and all amendments to, or modifica- published.

tions or revocations of, existing rules and regula-tions shall be made and adopted by a majority voteof the board, by resolution entered'and recorded inthe minutes of the board, and shall be promulgatedby publication in a newspaper of general circulationpublished at the state capital, and shall take effectand be in force at times specified therein.

Oni. 7.1] 59

SEC. 113. Any person violating or failing to com-Violations ply with any rules or regulations of the state fish-of rules andregulations. eries board shall be guilty of a gross misdemeanor.

SEC. 114. The director of fisheries and gamesupervisor shall have the power to appoint and deputize anof fisheries..

assistant director, to be known as the supervisor offisheries, who shall have charge and supervision ofthe division of fisheries, and have power, with theapproval of the director, to appoint and employsuch superintendents, inspectors, engineers, patrol-men, and such clerical and other assistants as maybe necessary to carry on the work of the division. Noperson shall be eligible to appointment as, or to holdthe office of, supervisor of fisheries, unless he has apractical knowledge of the propagation of fish andof the fishing industry in this state, nor if he has anyfinancial interest in the fishing industry or any in-dustry directly connected therewith.

SEC. 115. The director of fisheries and gameSupervisor salhaetapit epleofgame and sh1ll h1ve the power to appoint and deputize an as-game fish. sistant director, to be known as the supervisor of

game and game fish, who shall have charge andsupervision of the division of game and game fish,and have power, with the approval of the director,to appoint and employ such superintendents, deputywardens, and such clerical and other assistants asmay be necessary to carry on the work of the divis-ion. No person shall be eligible for appointment as,or hold the office of, supervisor of game and gamefish, unless he has practical knowledge of the propa-gation of game and game fish and a general knowl-edge of the game and game fish conditions in thestate.

SEC. 116. The director of fisheries and gamefiserofo shall have the power, and it shall be his duty,duties. and through and by means of the division of fisheries:


SESSION LAWS, 1921.

(1) To exercise all the powers and perform allthe duties relating to food fish and shell fish, nowvested in, and required to be performed by, the statefish commission;

(2) To exercise all the powers and perform allthe duties relating to food and shell fish, now vestedin, and required to be performed by, the state fishcommissioner;

(3) To administer and enforce all rules andregulations adopted by the state fisheries board;

(4) To exercise such other powers and performsuch other duties as may be required by law.

SEC. 117. The director of fisheries and gameshall have the power, and it shall be his duty,through and by means of the division of game andgame fish:

(1) To exercise all the powers and perform allthe duties relating to game and game fish, nowvested in, and required to be performed by, thestate fish commissioner as ex officio state game war-den, the chief game warden, and the chief deputygame warden;

(2) To exercise such other powers and performsuch other duties as may be required by law.

SEC. 118. The director of each of the depart- Chief de-partmnental

ments of the state government created by this act assistants.

shall have the power, from time to time, to designateand deputize one of the assistant directors of hisdepartment to act as, and to be, the chief assistantdirector, who shall have charge and general super-vision of the department in the absence of, or in caseof the disability of, the director, and who shall, incase a vacancy occurs in the office of director, con-tinue in charge of the department until a director isappointed and qualified, or the governor shall ap-point an acting director. Cornms

SEC. 119. The commissioner of public lands shall pulic

have the power, and it shall be his duty, to exercise puwes and

CH. 7.] (61

all the powers and perform all the duties now vestedin, and required to be performed by, the board ofstate land commissioners, except the power and dutyto act and serve as the commission mentioned in sec-tion 1 of article XV, and as the board of appraisersmentioned in section 2 of article XVI, of the stateconstitution; and exercise all the powers and per-form all the duties now vested in and required to beperformed by, the state oyster commission.

SEC. 120. The attorney general shall have theInheritance power, and it shall be his duty, to exercise all thetaxes andescheats. powers and perform all the duties relating to in-

heritance taxes and escheats, now vested in, and re-quired to be performed by, the state tax commis-sioner.

SEC. 121. The state auditor shall have the power,Record of and it shall be his duty, to install and maintain instateproperty. his office, on forms to be furnished by the depart-

ment of efficiency, and in accordance with classifica-tions prescribed by that department, a controllingledger in which shall be entered the valuations ofall property, real, personal, and mixed, owned bythe state, and to keep such ledger continually postedas capital outlays are made by the various officers,institutions, and. departments of the state govern-ment, and to, once each year, enter therein andcharge such depreciations as may be required by uni-form system of accounts to be prescribed by the de-partment of efficiency.

SEc. 122. In all cases where an existing state-Disposal of office, board, commission, bureau, or department ofproperty,

rfecois.et the state is abolished by this act, or where the pow-oard.. etc. ers and duties vested in, and required to be per-

formed by, any existing officer, board, commission,bureau, or department, are transferred to, vestedin, and required to be performed by, a departmentor committee created by this act, or a state officer,

SESSION LAWS, 1921. [Cit. 7.627

all books, papers, maps, charts, plans, records, andall other equipment or property in the possession.of such existing officer, board, commission, bureau,or department, or any officer or member thereof,and pending business in any way pertaining to thepowers and duties of such office, board, commission,bureau, or department abolished by this act, shallbe delivered and transferred to the administrativeand executive head of the department, or the com-mittee or state officer to which his or its powers andduties are transferred. In case such powers andduties are divided between two or more departments,committees, or state officers, each of said depart-ments, committees, or officers shall receive suchbooks, papers, maps, charts, plans, records, otherequipment and property, and pending business, aspertain to the powers and duties transferred to thatdepartment, committee, or officer. In all cases whereany question shall arise as to the proper custody ofany such books, papers, maps, charts, plans, records,other equipment and property, and pending busi-ness, the governor shall determine the question.

SEC. 123. In all cases where an existing state Distributionof powers

office, board, commission, bureau, or department is and dutes

abolished by this act, or where the powers and dutiesvested in, and required to be performed by, anyexisting officer, board, commission, bureau, or de-partment are transferred to, vested in, and requiredto be performed by, a department or committeecreated by this act, or a state officer, all employeesof such office, board, commission, bureau, or depart-ment so abolished, or the powers and duties of whichare so transferred, as the director of the depart-ment or the committee or officer to which the powersand duties of such office, board, commission, bureau,or department are transferred may select, shall con-tiniue to perform their usual duties upon the same

SESSION LAWS, 1921. 63Cit. 7.]

terms and conditions as heretofore, until removed,-or appointed to positions in accordance with theprovisions of this act relative to such department,or transferred to some other department. In allcases where the powers and duties of any such exist-ing office, board, commission, bureau, or departmentare divided between two or more of the departmentsor committees created by this act, or state officers,each of such departments, committees, or officersshall receive, on the above terms and conditions,such of the employees of said office, board, commis-sion, bureau, or department as are selected by therespective directors of the departments, or by thecommittee, or state officer to which the functionsthereof are by this act transferred.

SEC. 124. All petitions, hearings, and other pro-mersng, ceedings pending before any existing officer, board,cornpletion cmisoo hcof. conuission, bureau, or department which is abol-

ished by this act, or the powers and duties of whichare vested in, and required to be performed by, adepartment or committee created by this act, orstate officer, and all prosecutions, legal or other pro-ceedings and investigations begun by any such offi-cer, board, commission, bureau, or department, andnot completed at the time of the taking effect ofthis act, shall continue and remain in full force andeffect notwithstanding the passage of this act, andmay be completed before or by the department, com-mittee, or officer which succeeds to the powers andduties of such offce, board, commission, bureau, ordepartment.

SEC. 125. All orders, rules, and regulations madeExi s~inesi~ ficmmsinersIrules, by any existing offcer, board, commission, bureau,

etc..tconitnoue. or department which is abolished by this act, or the

powers and duties of which are vested in, and re-quired to be performed by, a department or com-mittee created by this act, or a state officer, shall


SESSION LAWS, 1921.

remain in full force and effect until revoked ormodified in accordance with law by the department,.committee, or officer which succeeds to the powersand duties of such existing office, board, commission,bureau, or department.

SEC. 126. All existing contracts and obligations Existingcontracts

of the officers, boards, commissions, bureaus, or de- and

partments abolished by this act, or the powers and obligations.

duties of which are vested in, and required to beperformed by, a department or committee createdby this act, or a state officer, shall remain in fullforce and effect, and shall be performed by the de-partment, respective departments, committees, orstate officers to which the powers and duties of suchexisting office, board, commission, bureau, or depart-ment are transferred.

SEC. 127. All reports required by law to be made officialby any existing office, board, commission, bureau, ordepartment abolished by this act, or the powers andduties of which are vested in, and required to beperformed by, a department or committee createdby this act, or a state officer, shall hereafter be madeby the executive and administrative head of the de-partment, or the committee or officer to which thepowers and duties of such existing office, board, com-mission, bureau, or department are transferred.

SEC. 128. In all cases where by this act power Inspectionsand examina-

is vested in a department or officer to inspect, ex- tions.

amine, secure data or information from, or procure Assistance.

assistance from, another department or officer, itshall be the duty of such other department or officerto submit to such inspection or examination, and tofurnish the data, information, or assistance required.

SEC. 129. In all cases where any powers and Vesting ofpowers and

duties, which have heretofore been vested in, or per- duties underformer laws.

formed by, any existing officer, board, commission,-3

65CH. 7.]

bureau, or department, or any deputy or subordin-ate officer thereof, are by this act transferred, eitherin whole or in part, to, or vested in and required tobe performed by, a department 6r committee createdby this act, or state officer, such powers and dutiesshall be vested in, and shall be performed by, thedepartment, committee, or officer to which the sameare hereby transferred, and not otherwise. Andevery act done in the exercise of such powers andduties shall have the same legal effect as if done bythe former officer, board, commission, bureau, or de-partment, or any deputy or subordinate officer there-of. Every person and corporation shall be subjectto the same obligations and duties, and shall havethe same rights arising from the exercise of suchpowers and the performance of such duties, as ifsuch powers and duties were exercised and per-formed by the officer, board, commission, bureau, ordepartment, or any deputy or subordinate officerthereof, designated in the respective laws which areto be administered by the departments or commit-tees created by this act, or state officers. Every per-

Penalties. son and corporation shall be subject to the samepenalty or penalties, civil or criminal, for failureto perform any such obligation or duty, or for doinga prohibited act, as if such obligation or duty arosefrom, or such act were prohibited in the exercise of,such power or duty, by the officer, board, commis-sion, bureau, or department, or any deputy or sub-ordinate officer thereof, designated in the respectivelaws which are to be administered by the depart-ments or committees created by this act, or stateofficers.

SEc. 130. Every officer or employee of any de-Civil and partment created by this act, who shall commit anycriminalliability of act prohibited, or fail to perform any duty required,officers andemployees, by the law creating the office or employment whose

66 SESSION LAWS, 1921. [Cu1. 7.

SESSION LAWS, 1921.

duties are transferred by this act to the departmentof which he is an officer or employee, shall be subjectto the same penalty or penalties, civil or criminal,as are prescribed by such law for the commissionof such prohibited act or the failure to perform suchduty.

SEC. 131. In all cases where reports or notices Reports andnotices

are now required to be made or given, or papers or rired

documents furnished or served by any person, to or former laws.

upon any existing officer, board, coinmission, bureau,or department, or any officer, subordinate officer, oremployee thereof, abolished by this act, or any exist-ing officer, board, commission, bureau, or depart-ment the powers and duties of which are vested in,and required to be performed by, a department orcommittee created by this act, or by a state officer,the same shall be made, given, furnished, or servedin the same manner, to and upon the department,committee, or officer. upon which are devolved bythis act the powers and duties now vested in, andrequired to be performed by, such existing officer,board, commission, bureau, or department, or officer,subordinate officer, or employee thereof.

SEC. 132. This act shall not affect any act done, Litigation

ratified, or confirmed, or any right accrued or estab-lished, or any action or proceeding had or com-menced in a civil or .criminal cause before this acttakes effect, but such actions or proceedings may beprosecuted and continued by the department or com-mittee created by this act, or the state officer, havingjurisdiction under this act of the subject matter towhich such litigation or proceeding pertains.

. SEC. 133. Each subordinate officer and employee vacations.

of the several offices, departments, and institutionsof the state government shall be entitled, duringeach twelve months' period, to fourteen days' leaveof absence with full pay.

(67Cir. 7.]

SEC. 134. The governor shall have the power inotion o his discretion to require all administrative depart-

ments of the state government and the appointiveofficers thereof, other than those created by this act,to maintain their principal offices at the state capi-tal, in rooms to be furnished by the department ofbusiness control.

SEC. 135. From and after the thirty-first day ofOofie. March, 1921, the following offices, boards, commis-abolished. sions, bureaus, and departments of the state govern-

ment heretofore created by law shall be and arehereby abolished, viz: The board of accountancyof the state of Washington, the agricultural advis-ory board, the commissioner of agriculture, the as-sistant commissioner of agriculture in charge of thedivision of agriculture, the assistant commissionerof agriculture in charge of the division of horticul-ture, the assistant commissioner of agriculture incharge of the division of dairy and live stock, theassistant commissioner of agriculture in charge ofthe division of foods, feeds, drugs, and oils, thearchitects' board of examiners, the public archivescommission, the bank commissioner, the barbers'examining board, the state board of finance, thestate board of control, the bureau of inspection andsupervision of public offices, the state capitol com-mission, the state board of chiropody, the stateboard of chiropractic examiners, the state claimagent, the Columbia basin survey commission, theboard of dental examiners, the board of drugless ex-aminers of the state of Washington, the state em-balmers' examining board, the state board of equali-zation, the director of farm marketing, the stateforester and fire warden, the state fish commissioner,the state fish commission, the state board of forestcommissioners, the chief game warden, the chiefdeputy game warden, the board of geological survey


SESSION LAWS, 1921.

of the state of Washington, the state geologist, thestate grain inspector, the state deputy grain inspect-ors, the state board of hdalth, the state commissionerof health, the state highway commissioner, the statehighway board, the state hotel inspector, the statehydraulic engineer, the industrial welfare commis-sion, the industrial insurance department, the bu-reau of labor, the commissioner of labor, the statelibrary commission, the state library advisory board,the state log scalers, the board of medical examin-ers of the state of Washington, the state medicalaid board, the local aid boards, the state board ofmining examiners, the nurses' examining board, thestate optometry board, the board of osteopathic ex-aminers of the state of Washington, the state oystercommission, the state board of park commissioners,the state board of pharmacy, the public service com-mission, the state reclamation board, the board ofmanagers of the Washington state reformatory, thestate safety board, the superintendent of capitolbuildings and grounds, the state tax commissioner,the state board of veterinary medical examiners, thestate board of voting machine examiners, the de-partment of weights and measures, the state weigh-ers of lumber and shingles, the board of directorsof the women's industrial home and clinic, and thehop inspector.

SEC. 136. All acts and part of acts in conflict Repealingclause.

with the provisions hereof are hereby repealed asof March 31, 1921.

SEC. 137. If any section or provision of this act Partial

shall be adjudged to be invalid or unconstitutional, invalidity.

such adjudication shall not affect the validity ofthe act as a whole or any section, provision, or partthereof not adjudged invalid or unconstitutional.

SEC. 138. Whereas the revenues of the state are Emergency.

insufficient to support the state government and its

CH. 7.] 69

existing public institutions as at present organized,and whereas it is necessary that the existing admin-istrative agencies of the state government be con-solidated and coordinated in order to bring the costof supporting the state government and its existinginstitutions within the possible revenues of the state,therefore this act is necessary for the support ofthe state government and its existing public insti-tutions, and shall take effect immediately.

Passed the House, January 20, 1921.

Passed the Senate, January 31, 1921.Approved by the Governor February 9, 1921.

CHAPTER 8.I H. B. 27.1

DEFICIENCY APPROPRIATIONS.

AN ACT making appropriations for the departments of the State

Government and for the several institutions hereinafter named,and declaring that this act shall take effect immediately.


SECTION 1. That the following sums, or so muchAuthorizing thereof as shall be found necessary, are hereby ap-appropria-tions. propriated out of the general fund for the depart-

ments of State Government and for the several in-stitutions named herein, for the purposes herein setforth, for the biennium beginning April 1, 1919, andending March 31, 1921:

STATE BOARD OF CONTROL.

TRANSPORTATION INCORRICIBLES, DISEASED PERSONS

AND INSANE.

Supplies, material and service.................. $17,500 00

WESTERN STATE HOSPITAL.

Salaries and wages, and supplies, material and

service ..................................... 120,000 00

[Ch. 8.SESSION LAWS, 1921.70

SESSION LAWS, 1921.

NORTHERN STATE HOSPITAL.Salaries and wages and supplies, material and

service ..................................... $25,000 00

STATE CUSTODIAL SCHOOL.

Salaries and wages................. $6,000 00Supplies, material and service....... .10,000 00

Total...................................... 16,000 00

STATE SOLDIERS' HOME.


Total...................................... 35,000 00

WASHINGTON VETERANS' HOME.

Supplies, material and service................... 60,000 00

STATE SCHOOL FOR DEAF.


Total...................................... 29,600 00

STATE SCHOOL FOR BLIND.

Salaries and wages................. $2,000 00Supplies, material and service........ 8,000 00

Total...................................... 10,000 00

STATE TRAINING SCHOOL.

Salaries and wages and supplies, material andservice ..................................... 50,000 00

STATE SCHOOL FOR GIRLS.

Salaries and wages and supplies, material andservice ...................................... 17,500 00

STATE REFORMATORY.

Supplies, material and service........ ........... 75,000 00

STATE BOARD OF CONTROL.Supplies, material and service ................... 5,000 00

(Deficiency in printing fund)Grand Total ............................ $461,600 00

CAPITOL BUILDINGS AND GROUNDS.

Supplies, material and service................... $3,000 00

TEMPLE OF JUSTICE.

Supplies, material and service .................... 4,000 00

71Ch. 8.1

SESSION LAWS, 1921. [Ch. 8.

INSURANCE BUILDING.Salaries and wages.................. $1,500 00 *Supplies, material and service....... .. 1,000 00

Total....................................... $2,500 00

Grand total...........................

ELLENSBURG NORMAL SCHOOL.Salaries and wages and supplies, material and

service ...................................

CENTRALIA NORMAL SCHOOL.Salaries and wages and supplies, materiaj and

- service ...................................

BELLINGHAM NORMAL SCHOOL.Salaries and wages and supplies, material and

service ...................................

CHENEY NORMAL SCHOOL.Salaries and wages and supplies, material and

service .....................................

WASHINGTON STATE NAUTICAL SCHOOL.Salaries and wages and supplies, material and

service ...................................

STATE COLLEGE OF WASHINGTON.Salaries aid wages and supplies, material and

service ...................................

UNIVERSITY OF WASHINGTON.Salaries and wages and supplies, material and

service ...................................

GovERNOR's OFFICE.Extradition expenses, examinations into infrac-

tions of laws, and rewards.................

INDUSTRIAL INSURANCE COMMISSION.Salaries of commissioners........... $950 00Salaries and wages, clerk hire, travel-

ing auditors, adjusters and otherassistants ...................... 16,000 00

Supplies, material and service....... .11,000 00

Total...................................

STATE TREASURER'S OFFICE.

Supplies, material and service....... .. $2,100 00

Clerk hire ......................... 750 00

Improving and protecting vaults..... 12,000 00

Total...................................

$9,500 00

$36,500 00

15,210 00

46,000 00

44,000 00

20,800 00

208,232 68

250,172 36

2,500 00

27,950 00

14,850 00

72

SESSION LAWS, 1921. 73FoR PRESIDENTIAL ELECTORS......................... $256 20

FOR RELIEF OF E. C. ARNOLD.

Cancellation of insurance license................ 200 00

FOR RELIEF OF GEORGE E. LEUDINGHOUSE.

Cancellation of general fund warrant No. 147553

Series "C" ................................... 3 8

FOR THE RELIEF OF THE JOURNAL OF COMMERCE.

For publishing notices to. contractors regardingSchool for Blind and Western Hospital forInsane ..................................... 17 60

FOR RELIEF OF STATE BOARD OF DRUGLESS EXAMINERS.

For expenses of all kinds for the biennium endingMarch 31, 1921 (Expenditures not to exceedcollections.) ............................... 3,545 00

FOR THE SUPREME COURT.

Salary of judges............................... 679 00

FOR ADDITIONAL SALARY OF COMMISSIONER OF PUBLIC

LANDS, from January 12th to March 31st, 1921... 440 86

FoR ADDITIONAL SALARY OF INSURANCE COMMISSIONER

from January 12th to March 31st, 1921.......... . 440 86

STATE AUDITOR'S OFFICE.

Supplies, material and service for the biennium

ending March 31, 1921........................ 1,000 00


preservation of public peace, health and safety, andthe support of the State Government and its exist-iug Public Institutions, and shall take effect immed-iately.

Passed the House January 24, 1921.Passed the Senate February 2., 1921.Approved by the Governor February 14, 1921.

Ch. 8.]

SESSION LAWS, 1921.


STATE HIGHWAY APPROPRIATION.

AN ACT making an appropriation for state highway purposes anddeclaring an emergency.


SECTION 1. That there is hereby appropriatedAppropria- from the motor vehicle fund the sum of Four Hun-tion motorvehicle fund dred Thousand Dollars ($400,000), for the use of the$4 00.0 00.00.

State Highway Board in paying any money now due,or hereafter to become due, under any contract here-tofore made for any supplies, material, or servicefor use on state highways, or bridges forming a partof such highways, and to pay the expense of makingsurveys, preparing plans and specifications, and ex-penses incident thereto, on any proposed state high-way work, where no other funds are available forsuch purposes.

SEC. 2. Two hundred thousand dollars ($200,000)xo trjn of said sum shall be expended in that part of the

tures. state lying west of the Columbia River, exclusive ofFerry and Okanogan counties; and two hundredthousand dollars ($200,000) of said sum shall be ex-pended in that part of the state lying east of the Co-lumbia River, including Ferry and Okanogan coun-ties.

SEC. 3. This act is necessary for the immediateEmergency. preservation of the public peace, health and safety,

the support of the state government and its existingpublic institutions, and shall take effect immediately.

Passed the House February 1, 1921.Passed the Senate February 7, 1921.Approved by the Governor February 14, 1921.

[Ch. 9.74

Ch. 10.] SESSION LAWS, 1921. 73

CHAPTER 10.!S. B. 44.1

PIERCE'S WASHINGTON CODE.

AN ACT relating to the official code and declaring an emergency.


SECTION 1. The compilation by Frank Pierce of Adoption.

the session laws of the State of Washington, knownas Pierce's Washington Code, is hereby adopted asan official compilation of the existing statutes up toand including the year 1919.

SEC. 2. It shall be proper for the Legislature, in Rererenceto and

amending or repealing existing statutes, or for the abbreviation

courts in referring to existing statutes, to refer to orcite Pierce's Washington Code containing such law,and in any such references or citations to abbreviatethe same as Pierce's Code.

SEC. 3. The Secretary of State is hereby author- certifyingsession

ized and directed to certify the laws of the present, laws.seventeenth, session for publication as a part of saidcompilation.


the state government and its existing public institu-tions, and shall take effect immediately.

Passed b'y the Senate January 27, 1921.Passed by the House February 7, 1921.Approved by the Governor February 14, 1921.

SESSION LAWS, 1921.


DEFICIENCY APPROPRIATION FOR DEPARTMENT OF

AGRICULTURE.

AN ACT making appropriations for the department of agriculture.


SECTION 1. The following sums, or as muchA20 0.0.' thereof as shall be severally found necessary, are

hereby appropriated out of any moneys in the gen-eral fund in the state treasury for the fiscal bien-nium ending March 31, 1921:FOR THE DEPARTMENT OF AGRICULTURE.

Dairy and Live Stock Division:Indemnity expenses, re bovine tuberculosis

eradication work ....................... $10,000 00

FOR THE WAsHINGTON STATE FAIR.

For all purposes ............................. 10,000 00

SEC. 2. This act is necessary for the immediateEmergency. preservation of public peace, health and safety, and


Passed by the Senate January 24, 1921.Passed by the House February 10, 1921.Approved by the Governor February 15, 1921.

76 [Ch. 11.

SESSION LAWS, 1921.

CHAPTER 12.[H. B. 4G.]

COMPETITIVE BIDDING UPON PUBLIC WORKS.

AN ACT making it unlawful to suppress or eliminate competitivebidding upon public work within the State of Washington,and providing penalties for violation thereof.

Be it enacted by the Legislatiure of the State ofWashington:

SECTION 1. When any competitive bid or bids Suppressionor elimina-

are to be or have been solicited, requested, or ad- tiotitfeco--vertised for by the State of Washington, or any jiiodcounty, city, town or other municipal corporationtherein, or any department of either thereof, forany work or improvement to be done or constructedfor or by such state, county, city, town, or othermunicipal corporation, or any department of eitherthereof, it shall be unlawful for any person actingfor himself or as agent of another, or as agent foror as a member of any partnership, unincorporatedfirm or association, or as an officer or agent of anycorporation, to offer, give, or promise to give, anymoney, check, draft, property, or other thing ofvalue, to another or to any firm, association, or cor-poration for the purpose of inducing such other per-son, firm, association, or corporation, either to re-frain from submitting any bids upon such publicwork or improvement, or to enter into any agree-ment, understanding or arrangement whereby fulland unrestricted competition for the securing ofsuch public work will be suppressed, prevented, oreliminated; and it shall be unlawful for any personto solicit, accept, or receive any money, check, draft,property, or other thing of value upon a promiseor understanding, express or implied, that he indi-vidually or as an agent or officer of another person,persons, or corporation, will refrain from bidding

Ch. 12.] 77

78 SESSION LAWS, 1921.

upon such public work or improvement, or that hewill on behalf of himself or such others submit orpermit another to submit for him any bid upon suchpublic work or improvement in such sum as to elimi-nate full and unrestricted competition thereon.

SEC. 2. It shall be unlawful for any person forCollusion. himself or as an agent or officer of any other per-

son, persons, or corporation to in any manner enterinto collusion or an understanding with any otherperson, persons, or corporation to prevent or elimi-nate full and unrestricted competition upon any pub-lic work or improvement mentioned in section 1 ofthis act.

SEC. 3. Any person violating any provisions ofPenalty. this act shall be guilty of a gross misdemeanor.

SEC. 4. It shall be no defense to a prosecutionAgreement under this act that a payment or promise of pay-outside

dttese ment of any money, check, draft, or anything ofvalue, or any other understanding or arrangementto eliminate unrestricted competitive bids was hador made outside of the State of Washington, if suchwork or improvement for which bids are called isto be done or performed within the state.

SEC. 5. This act is necessary for the immediateEmergency. preservation of the public safety and the support

of existing institutions of the state and shall takeeffect immediately.


(.Ch. 12.

SESSION LAWS, 1921.


PROPOSED CONSTITUTIONAL AMENDMENT AS TO RIGHTSOF ACCUSED PERSONS.

A- ACT providing for the amendment of Section 22 of Article Iof the Constitution of the State of Washington, relating tothe rights of accused persons.

Be it enacted by the Legislature of the State ofVashington:

SECTION 1. That at the general election to beheld in this state on the Tuesday next succeedingthe first Monday of November, 1922, there shall besubmitted to the qualified electors of the state fortheir adoption and approval or rejection an amend-ment to Section 22 of Article I of the Constitutionof the State of Washington, so that the same shall,when amended, read as follows:

"Section 22. In criminal prosecutions the ac-cused shall have the right to appear and defend inperson, or by counsel, to demand the nature andcause of the accusation against him, to have a copythereof, to testify in his own behalf, to meet thewitnesses against him face to face, to have com-pulsory process to compel the attendance of wit-nesses in his own behalf, to have a speedy publictrial by an impartial jury of the county in whichthe offense is charged to have been committed andthe right to appeal in all cases: Provided, Theroute traversed by any railway coach, train or pub-lic conveyance, and the water traversed by any boatshall be criminal districts; and the jurisdiction ofall public offenses committed on any such railwaycar, coach, train, boat or other public conveyance,or at any station or depot upon such route, shall bein any county through which the said car, coach,train, boat or other public conveyance may pass

Ch. 13.1 79

so SESSION LAWS, 1921. [Ch. 14.

during the trip or voyage, or in which the trip orvoyage may begin or terminate. In no instanceshall any accused person before final judgment becompelled to advance money or fees to secure therights herein guaranteed."

Passed the House January 27, 1921.Passed the Senate February 9, 1921.Permitted to become a law without the signature of the Gov-

ernor.J. GRANT HINKLE,

Secretary of State.


PROPOSED CONSTITUTIONAL AMENDMENT RELATING TOEXPENDITURE OF MONEY IN STATE TREASURY.

AN ACT providing for the amendment of Section 4 of Article 8 ofthe Constitution of the State of Washington relating to theexpenditure of moneys in the state treasury.


SECTION 1. That at the general election to beheld in this state on the Tuesday next succeeding

the first Monday in November, 1922, there shall besubmitted to the qualified electors of the state, fortheir adoption and approval or rejection, an amend-ment to section 4 of article 8 of the constitution ofthe State of Washington, so that the same shall,when amended, read as follows:

Section 4. No moneys shall ever be paid out of'Money the treasury of this state, or any of its funds, ordisbursedonly by ap- Rny of the funds under its management, except inpropriation.

pursuance of an appropriation by law; nor unlesssuch payment be made within one calendar monthafter the end of the next ensuing fiscal biennium,and every such law making a new appropriation, or

SESSION LAWS, 1921.

continuing or reviving an appropriation, shall dis-tinctly specify the sum appropriated, and the objectto which it is to be applied, and it shall not be suf-ficient for such law to refer to any other law to fixsuch sum.

Passed the House January 25, 1921.Passed the Senate February 9, 1921.Approved by the Governor February 18, 1921.


DEFICIENCY APPROPRIATION FOR BOARD OF CHIRO-PRACTIC EXAMINERS.

AN ACT making an appropriation for the board of chiropracticexaminers.


SECTION 1. The following sum, or as much Appropria-tion

thereof as shall be found necessary, is hereby ap- $1,249.78.

propriated out of the general fund in the statetreasury for the fiscal term ending March 31, 1921:FOR THE BOARD OF CHIBOPRACTIC EXAMINERS:

Expenses of all kinds. ......................... $1,249.78


the state government and its existing institutionsand shall take effect immediately.

Passed by the Senate February 3, 1921.Passed by the House February 16, 1921.Approved by the Governor February 21, 1921.

Ch. 15.1 81

SESSION LAWS, 1921.

CHAPTER 16.[H. B. 157.1

DEFICIENCY APPROPRIATION FOR PUBLIC SERVICEGRAIN DEPARTMENT.

AN ACT making an appropriation for the State Public ServiceCommission Grain Department.


SECTION 1. The following .sum, or so muchown- thereof as shall be found necessary, is hereby ap-$10000.00. propriated out of any moneys in the general fund

of the state treasury for the fiscal term endingMarch 31st, 1921, for the State Public Service GrainDepartment for salaries of deputy inspectors,samplers, weighers, office rent, traveling expenses,office supplies, postage and incidentals, ten thou-sand dollars.

SEC. 2. This act is necessary for the immediateEmergency, support of the state government and its existing

public institutions and shall take effect immediately.


82 [Ch. 16.

SESSION LAWS, 1921


DEFICIENCY APPROPRIATION FOR STATE BOARD OFARCHITECT EXAMINERS.

AN ACT making an appropriation from the general fund for theState Board of Architect Examiners and declaring an emer-gency.


SECTION 1. The sum of Twenty-four Hundred Appropria-tion

($2400.00) Dollars, or so much thereof as may be $2,400.oo.

found necessary, is hereby appropriated from thegeneral fund for the salaries and expenses of theState Board of Architect Examiners; Provided, thatexpenditures hereunder shall not exceed the collec-tions of said board.

SEc. 2. This appropriation shall be available for use.the payment of salaries and expenses heretofore in-curred by said board subsequent to April 1, 1919,pursuant to the provisions of Chapter 205 of theLaws of 1919, for which payment has not been made.


the state government and its existing public insti-tutions, and shall take effect immediately.

Passed the Senate February 3, 1921.Passed the House February 16, 1921.Approved by the Governor February 21, 1921.

83

Ch. 17.]

SESSION LAWS, 1921.


LIEU APPROPRIATION FOR DEPARTMENT OF FISHERIES.

AN ACT making an appropriation for the department of fisheries.


SECTION 1. In lieu of the unexpended balance ofFisheries the appropriation for the department of fisheriesfund aP-proprianon made by chapter 199 of the Laws of 1919, there is$24,042.98. hereby appropriated for the biennium ending March

31, 1921, from the fisheries fund, for the departmentof fisheries: Salary of fish commissioner, of inspec-tors and employees, traveling expenses of commis-sioner, inspectors and employees, rent and inci-dentals, construction, repairs and maintenance ofsalmon hatcheries, construction of new hatcheries,patrol service, improvements, replacements, destruc-tion of seals, printing and for the other necessaryexpenses of the office of the fish commissioner, thesum of twenty-four thousand forty-two dollars andninety-eight cents, or so much thereof as may benecessary..

SEC. 2. This act is necessary for the immediateEmergency. preservation' of public peace, health and safety and


Passed the House February 2, 1921.Passed the Senate February 11, 1921.Approved by the. Governor February 23, 1921.

[Ch. 18.84

SESSION LAWS, 1921.


PRIMARY HIGHWAYS.

A: ACT relating to the construction, improvement and repair ofprimary state highways by counties.


SECTION 1. Whenever any county in this state Approval ofplans by

desires to undertake. the construction or improve- supervisor

ment of any primary state highway or any county of highways.

road used as a part of such highway, or the con-struction or alteration of any bridge, culvert, cattlepass, or other structure on a primary state highway,or any county road used as a part of such highway,plans and specifications for such work shall be firstsubmitted to the supervisor of highways for ap-proval, and no such work shall be done unless thesupervisor of highways shall approve such plansand specifications, and all such work shall be donein accordance with the plans and specifications asapproved.


Ch. 19.] 85

86 SESSION LAWS, 1921. [Ch. 20.


ELECTRIC CONSTRUCTION.

AN AcT relating to electric construction and amending section4976-3 of Remington & Ballinger's Annotated Codes and Stat-utes of Washington.


SECTION 1. That section 4976-3 of Rem. & Bal.Code be amended to read as follows:

Section 4976-3. All wires, cables, poles, electricTime to fixtures and appliances of every kind being used orcomplywith re- operated at the time of the passage of this act, shallquirements. be changed, and made to conform to the provisions

of section 4976-1, on or before the first day of July,1931.

Provided, however, That the public service com-mission of Washington shall have power, upon no-tice and hearing, to order and require the erectionof all guards, protective devices, and methods ofprotection which in the judgment of the commissionare necessary and should be constructed previousto the expiration of the time fixed in this section:Provided, however, That it shall be lawful to placeadditions, wires, cables, electrical fixtures or appli-ances upon existing poles or cross-arms so long asthe new construction shall be made to conform tothe provisions of this act.

Provided, further, That nothing in this act shallapply to manholes already constructed, except theprovisions for guards, sanitary conditions, drainageand safety appliances specified in rules 20, 24, 26,29, 30, 31 and 32.



CHAPTER 21.[S. B. 113.1

CLOSING STREETS AND HIGHWAYS.

AN ACT providing for the closing of certain city or town streets,county and state roads, or parts thereof, and for giving noticeof such closing by the city or town governing bodies, CountyCommissioners or State Highway Commissioner, and provid-ing penalty, and declaring an emergency.

Be it enacted by the Lerjislature of the State ofVashington:

SECTION 1. Whenever the condition of any city When city,county, etc.,

or town street, state or county road, either newly may close.

constructed, repaired or improved or of prior con-struction, or any part thereof, is such that its useor continued use by vehicles will greatly damagesuch road, the State Highway Commissioner, if itbe a state road, or the Board of County Commis-sioners, if it be a county road, or the governing bodyof a city or town, if it be a city or town street, isauthorized to close such road to travel by all ve-hicles or to any class of vehicles, for such period asthey shall determine.

SEC. 2. Before any road is closed to vehicles or Notice of

any class of vehicles under this act, a notice of thedate on and after which the road, or any partthereof, shall be closed, and the period of such clos-ing, and whether it shall be closed to all vehicles orto vehicles of particular class or classes, shall bepublished in one issue of a newspaper printed andpublished in the county, city or town in which theroad or street is located; and a like notice -shall beposted on or prior to the date of publication of suchnotice, in a conspicuous place at each end of theroad or street or part of said road or street to beclosed: Provided, that no such road shall be closedsooner than three days after the publication and

Ch. 21.1

posting of the notice herein provided for: Pro-vided, however, in cases of emergency, the properofficers may, without publication or delay, closeroads and streets temporarily by posting notices ateach end of, and at, all cross-roads or streets andall roads or streets leading into, or out from, anyroad or street to be temporarily closed. In all emer-gency cases, as herein provided, the orders of theproper authorities shall be immediately effective.

SEC. 3. When any road, or part thereof, shallPenalty. have been closed as herein provided, any person,

firm or corporation disregarding such closing andusing such road or part thereof with any vehicle towhich said road is closed by such notice, shall bedeemed guilty of a misdemeanor.

SEC. 31/2. The authority herein conferred uponAuthority to the State Highway Commissioner shall be exercisedsuccessorof state by that officer until such time as the Director ofhighwaycommis- Public Works shall be appointed and qualified.SiOner.

Thereafter such authority shall be vested in andexercised by the Director of Public Works throughand by means of the Division of Highways.

SEC. 4. This-act is necessary for the immediateEmergency. preservation of the public peace, health and safety,

and support of the state government and its exist-ing institutions and shall take effect immediately.


SESSION LAWS, 1921. [Ch. 21.gg

SESSION YAWS, 1921.

CHAPTER 22.[S. B. 100.]

REAPPROPRIATION FOR CAPITOL BUILDINGS ANDSOLDIERS' MEMURIAL.

AN ACT continuing and reviving the unexpended balances appro-priated for capitol buildings and grounds and a suitable me-morial made by Chapter 34 of the Laws of 1919.


SECTION 1. For the erection and completion of Appropria-

public buildings at the capital for legislative, execu- 1,194,791.44

tive and judicial purposes, for the acquiring of Lots9 and 10 of William's Capitol Addition to Olympia,and lands heretofore authorized by Chapter 191 ofthe Laws of 1915 and Chapter 167 of the Laws of1917, there is hereby reappropriated from the capi-tol building construction fund the sum of one mil-lion one hundred ninety-four thousand seven hun-dred ninety-one dollars and forty-four cents ($1,194,-791.44), the same being the unexpended balance ofthe appropriation made by Chapter 34 of the Lawsof 1919, for such purposes.

SEC. 2. For the erection of a suitable memorial Appropria-tion

upon the capitol grounds in honor of the soldiers, $50,000.00.

sailors and marines from this state, who lost theirlives in the service by disease or on the battlefield,at home or abroad in the war with the TeutonicPowers, there is hereby reappropriated from thecapitol building construction fund the sum of fiftythousand ($50,000.00) dollars, the same being theunexpended balance of the appropriation made byChapter 34 of the Laws of 1919 for such purpose.


the State government and its existing public insti-tutions, and shall take effect immediately.

Passed by the Senate February 9, 1921.Passed by the House February 18, 1921.Approved. by the Governor February 25, 1921.

Ch. 22.] 89 '

SESSION LAWS; 1921.


PIERCE COUNTY FISH HATCHERY AND GAME FARM.

AN ACT authorizing the state board of control to issue to thePierce County game commission a permit to use certain landsfor the purpose of erecting and maintaining a fish hatcheryand game farm thereon.


SECTION 1. That the state board of control bePermit to and it is hereby authorized to issue to the Piercecounty

gas county game commission a permit to erect and main-sion, tain a fish hatchery, together with the necessary and

convenient rearing ponds and other appliances forthe propagation of fish, and a game farm togetherwith the necessary appliances for the propagationand rearing of game birds and animals, on the fol-lowing described tract of land, to-wit: Beginningat a point on the east line and 985 feet north of thesouth boundary of the west half of the southeastquarter of section 27, township 20 north, range 2east, W. M., thence west 434.95 feet, thence north359.91 feet, thence north 34 degrees 25 minutes east261.75 feet, thence north 49 degrees 51 minutes east204.18 feet, thence north 78 degrees 8 minutes east133.80 feet to east line of said west half of the south-east quaiter, thence south along said .east line 735feet to place of beginning, containing 6.03 acres. To-gether with the right to use the surplus water fromAsylum creek for the purpose of maintaining suchfish hatchery and game farm.


.90 [Ch: 23.

SESSION LAWS, 1921.


FOUR'TH CLASS CITIES OR TOWNS.

A, ACT relating to .cities of the fourth class and amending sec-tion 7743 of Remington & Ballinger's Annotated Codes andStatutes of Washington.



Section 7743. It shall be the duty of the treas- Duties of

urer to receive and safely keep all. moneys which treasurer,

shall come into his hands as treasurer, for all ofwhich he shall give duplicate receipts, one of whichshall be filed with the clerk. He shall pay out saidmoney on warrants signed by the mayor and coun-tersigned by the clerk, and not otherwise. He shallmake monthly settlements with the clerk, and shallreceive such compensation as the council by ordi-nance shall determine.

Passed the House February 1, 1921.Passed the Senate February 17, 1921.Approved by the .Governor February 26, 1921.

CHAPTER 25.IH. B. 67.1

SUPERIOR COURT BAILIFFS.

A: ACT amending an act relating to the salaries of bailiffs of su-perior courts, and amending section 1 of chapter 141 of theLaws of 1919.


SECTION 1. That section 1 of chapter 141 of theLaws of 1919, the same being section 8642a of

Ch. 24-25.] 91

Pierce's Washington Code, be amended to read asfollows:

Section 1. Bailiffs of the several superior courts,Salaries. appointed by the respective judges thereof, in coun-

ties of this state having a population of more thanone hundred twenty-five thousand, shall be paid fortheir services one hundred and twenty-five dollarsper month by the county in which the court is held.

Passed the House January 31, 1921.Passed the Senate February 16, 1921.Approved by the Governor February 26, 1921.


JURORS.

AN ACT relating to the selection of jurors in superior colirts andamending Section 101 of Remington & Ballinger's AnnotatedCodes and Statutes of Washington.


SECTION 1. That Section 101 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington be amended to read as follows:

Section 101. Upon the taking effect of this act,datlicts- the judge or judges of the superior court of eachannuallisting. county in this state shall divide the county into not

less than three nor more than six jury districts, fol-lowing the lines of voting precincts and arrangingthe districts in such manner that the population ineach district shall be as nearly equal as may be, andthe fixing of the boundaries of the district shall beevidenced by an order made by the court and en-tered upon its records. The County Assessor ineach county in the state shall prepare annually a

SESSION LAWS, 1921.92 [Ch. 26.

SESSION LAWS, 1921.

list of all persons qualified and subject to serve asa juror, giving the name, age, sex, whether natural-ized or native born citizen, occupation, judicial dis-trict and post-office address of such persons and filea copy thereof with the County Clerk on or beforethe first day of June of each year. Any female whoupon being listed by the County Assessor shall claimher exemption to serve as a juror, shall not be listedby the said County Clerk in the preparation of thelist of jurors. During the month of July of eachyear the County Clerk of each county in the stateshall make up and revise in a book kept for thatpurpose a jury list containing the names of all thequalified jurors in the county. The County Clerkshall provide boxes sufficient in number to corre-spond with the number of jury districts fixed by thecourt, and numbered to correspond therewith, andhaving written the names of the jurors in each dis-trict upon slips of paper, which shall be similar insize, quality of paper, and writing, and shall depositsuch slips in the jury box of the proper district. Thejury list shall be revised from year to year, newlists being made up each year, adding thereto thenames of new residents, and omitting therefrom thenames of persons who have removed from thecounty, or who may have served as jurors withinfive years theretofore (unless they shall be neces-sary to make up a sufficient list) and the names ofthe new lists shall be deposited in the box for serv-ice for that year, as hereinbefore provided.


preservation of the public peace and safety andshall take effect immediately.

Passed the House January 31, 1921.Passed the Senate February 16, 1921.Approved by the Governor February. 26, 1921.

Ch. 26.] 93

SESSION LAWS, 1921.


PUBLIC HIGHWAY.

AN ACT authorizing and directing the Governor to re-convey cer-tain premises secured as part of proposed location of PacificHighway, which location was afterward abandoned.


SECTION 1. The Governor is hereby authorizedQuit claim and directed, upon payment to King County, Wash-ofabandoned ington, of the sum of $1,500.00, to convey by quithighway. ton

claim deed to Ada Thorne, a widow, Fred G.Smithers and Ellen E. Smithers, his wife, Edwin M.Smithers and Ella D. Smithers, his wife, the fol-lowing described premises, situate in King county,Washington, said premises having been heretoforedeeded to the state of Washington for the sum of$1,500.00, which was paid by King county as a partof the proposed location of the Pacific Highway,which proposed location was afterwards abandoned:

A strip of land 60 feet wide being 30 feet oneach side of the center line of said road as surveyedover and across a tract of land in Government lot16, section 18, township 23 north, range 5 east W. M.,being in that portion of said lot 16 lying south of theC. M. & St. Paul Railway Company's right of wayand being more particularly described as follows:

Commencing at the one-quarter section corner onthe south side of said section 18, township 23 north,range 5 E. W. M., thence N. 820 24' E. a distance of36.0 feet to an intersection with the center line ofthe Pacific Highway as now located and of recordin the office of the State Highway Commissioner atOlympia, thence turning an angle of 800 26' to theleft and running N. 10 58' E. along the said centerline of the Pacific Highway 10.3 feet to an intersec-

[Ch. 27.94

SESSION LAWS, 1921.

tion with the northerly boundary of the County Roadand the true point of beginning.

Thence turning an angle of 880 02' to the rightand running east along the north boundary of saidCounty Road 30.02 feet to an intersection with theeasterly right of way line of the said Pacific High--way, thence turning an angle of 88' 02' to the leftand running N. 10 58' E. along the said easterlyright of way line of the Pacific Highway 630.2 feetto an intersection with the southerly right of wayline of the C. M. & St. P. Ry. Company's right ofway, thence turning an angle of 106' 24' to the leftand running S. 750 34' W. along the southerly rightof way line of the said C., M. & St. P. Ry. Company'sright of way 62.54 feet to an intersection with thewesterly right of way line of the said Pacific High-way, thence turning an angle of 730 36' to the leftand running S. 1' 58' W. along the, said westerlyright of way line of the Pacific Highway 596.8 feetto an intersection with the northerly boundary ofthe County Road, thence turning an angle of 910 58'to the left and running east along the northerlyboundary of the said County Road 30.02 feet to anintersection with the center line of the said PacificHighway, the true point of beginning and containing0.85 acres more or less.

Also a tract of land being in that portion of saidlot 16, section 18, township 23 north, range 5 eastW. M. lying north of the C. M. & St. P. Ry. Com-pany's right of way and being more particularlydescribed as follows:

Commencing at the one quarter section corneron the south side of said section 18, township 23north, range 5 east, W. M., thence N. 82' 24' E. adistance of 36.0 feet to an intersection with the cen-ter line of the Pacific Highway as now located andof record in the office of the State Highway Com-missioner at Olympia, thence turning an angle of

Ch. 27.] 9.5

SESSION LAWS, 1921.

800 26' to the left and running N. 10 58' E. alongthe said center line of the Pacific Highway 718.4feet to an intersection with the said center line ofthe Pacific Highway and the northerly right of wayline of the C. M. & St. P. Ry. Company's right ofway and being the true point of beginning.

Thence turning an angle of 730 36' to the rightand running N. 750 34' E. along the said northerlyright of way line of the C. M. & St. P. Ry. Com-pany's right of way 31.27 feet to an intersectionwith the easterly right of way line of the said Pa-cific Highway; thence turning an angle of 73' 36'to the'left and running N. 10 58' E. along the saideasterly right of way line of the Pacific Highway591.8 feet to an intersection with the north bound-ary of said Government lot 16, thence due west alongthe said north boundary of Gov. lot 16, 60.0 feet toan intersection with the westerly right of way lineof the said Pacific Highway, thence S. 10 58' W.along the said westerly right of way line of thePacific Highway 609.4 feet to an intersection withthe said northerly right of way line of the C. M. &St. P. Ry. Company's right of way, thence turningan angle of 1060 24' to the left and running N. 75034' E. along the said northerly right of way line ofthe C. M. & St. P. Ry. Company 's right of way 31.27feet to the true point of beginning and containing0.83 acres more or less.

Also a tract of land in the northwest quarter(NW'4) of the southeast qiarter (SEA) of sec-tion 18, township 23 north, range 5 east W. M. beingmore particularly described as follows:

Commencing at the one quarter section corneron the north side of said section 18, township 23north, range 5 east W. M., thence N. 820 24' E. adistance of 36.0 feet to an intersection with the cen-ter line of the Pacific Highway as now located andof record in the Office of the State Highway Com-

[Ch. 27.96

SESSION LAWS, 1921.

missioner at Olympia, thence turning an angle of800 26' to the left and running N. 10 58' E. alongthe said center line of the Pacific Highway 1319.0feet to an intersection with the south boundary ofthe said northwest quarter (NW14) of the south-east quarter (SE14) of section 18 and the true pointof beginning.

Thence due east along the south boundary of thesaid northwest quarter (NWI/4 ) of the southeastquarter (SE1/4 ) 30.0 feet to an intersection with theeasterly right of way line of the said Pacific High-way, thence N. 1' 58' E. along the said easterly rightof way line of the Pacific Highway 694.8 feet, thenceon the arc of a curve to the right having a radius of97.35 feet a distance of 125.4 feet, thence turning anangle of 180' 00' to the left from a line tangent tothe are of said curve at said point and running S.750 46' W. 135.6 feet to an intersection with thewesterly right of way line of the said Pacific High-way, thence turning an angle of 730 48' to the leftand running S. 1 58' W. along the said westerlyright of way line of the Pacific Highway 750.46 feetto an intersection with the said southerly boundaryof the northwest quarter (NW'4) of the southeastquarter (SE/ 1 ), thence due east along the southerlyboundary of the said northwest quarter (NW1/4 ) ofthe southeast quarter (SE14) a distance of 30.0 feetto an intersection with the center line of the saidPacific Highway, the true point of beginning andcontaining 1.072 acres more or less.


Ch. 27.1 97

SESSION LAWS, 1921.

CHAPTER 28.1H. B. 146.1

GOVERNOR.

AN ACT relating to the duties of the Governor and amending Sec-tion 8989 of Remington & Ballinger's Annotated Codes andStatutes of Washington (being Section 6653 of Pierce's Wash-ington Code).


SECTION 1. That Section 8989 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington (being Section 6653 of Pierce's WashingtonCode) be amended to read as follows:

Section 8989: The Governor must cause to beKeeo ds. kept the following records:

First, a register of all pardons, commutations,executive paroles, final discharges, and restorationsof citizenship made by him.

Second, an account of all his disbursements ofstate moneys, and of all rewards offered by him forthe apprehension of criminals and persons chargedwith crime.

Third, a register of all appointments made byhim with date of commission, name of appointee andname of predecessor, if any.


gg. [Ch. 28.

SESSION LAWS, 1921.

CHAPTER 29.[S. B. 16S.]

VETERANS' WELFARE COMMISSION.

AN ACT relating to the relief of veterans of the war with thecentral allied powers, repealing Chapter 9, Laws of 1919, andmaking an appropriation.


SECTION 1. The Veterans' Welfare Commission Transfer ofall property.

of the State of Washington shall on or before the28th day of February, 1921, transfer to the StateAdjutant Finance Officer of the American Legion,Department of Washington all moneys and personalproperty of every kind and description now in itspossession or control and shall take receipts there-for and file such receipts with the proper stateofficer or department: Provided, that the recordsand files of the Veterans' Welfare Commission, in-cluding all promissory notes or other evidences ofindebtedness due and owing to the state or said Com-mission, shall be transmitted to the State Auditor.

SEC. 2. The moneys and personal property so Use ofmoney and

transferred shall be used by the proper governing property.

body of the American Legion, Department of Wash-ington, for the relief of persons who served in themilitary, naval or air forces of the United Statesor its allies in the war with the Central AlliedPowers and who shall be in necessitous circum-stances through disability, lack of employment orany other cause. In such cases preference shall begiven to the relief of veterans who shall be foundto be suffering from some disability incurred in lineof duty and for whom no provision has been madeby the Federal government.

SEc. 3. All loans or advancements heretofore lran or

made by the Veterans' Welfare Commission under ade ne

Ch. 29.1 99

the provisions of Chapter 9, Laws of 1919, shall bepayable to the state auditor from and after the firstday of March, 1921, but in such cases the stateauditor shall transmit the amount thereof to theState Adjutant Finance Officer of the AmericanLegion, Department of Washington, to be expendedfor the purposes specified in Section 2 of this act.

SEC. 4. Chapter 9, Laws of 1919, shall be re-claueng pealed as of March 1, 1921.

SEC. 5. There is hereby appropriated from thegeneral fund for the American Legion, Department

Vetoed of Washington, the sum of twenty-five thousand dol-lars ($25,000) to be expended for the purposes speci-fied in Section 2 of this act.

SEc. 6. The American Legion, Department ofedif Washington, shall keep proper records of all expen-

tures. ditures which shall be audited by the director ofefficiency.

SEc. 7. This act is necessary for the support ofEmergency. the state government and its existing public insti-

tutions and shall take effect immediately.Passed by the Senate February 24, 1921.Passed by the House February 25, 1921.Approved by the Governor, with the exception

of section 5, which is vetoed, February 28, 1921.


SESSION LAWS, 1921.

CHAPTER 30.[H. B. 118.]

FLOOD PREVENTION.

AN ACT relating to floods and providing for the prevention thereof.


SECTION 1. The State of Washington in the County toregulate

exercise of its sovereign and police power hereby waters.

authorizes any county alone or when acting jointlywith any other county under any law to regulate andcontrol the flow of waters, both navigable and non-navigable, within such county or counties, for thepurpose of preventing floods which may threaten orcause damage, public or private.

SEc. 2. Whenever the Board of County Commis- Removal ofobstructions.

sioners of any such county or counties shall deem itessential to the public interest for such flood pre-vention purposes, such board or boards may removedrifts, jams, logs, debris, gravel, earth, stone or barsforming obstructions to the stream, or other materialfrom the beds, channels and banks of such water-courses in any manner deemed expedient, includingthe deposit thereof on bars not forming obstruc-tions to the stream, or on subsidiary or high waterchannels of such watercourses.

SEC. 3. Whenever any forest tree or trees shall Removal or. trees from

be situated upon the bank of any such watercourse banks.

or so close thereto as to be in danger of fallingthereinto, the owner or occupant of any such prem-ises shall be notified to remove the same forthwith.Such notice shall be based upon resolution or orderof the Board of County Commissioners of suchcounty or counties and may be given by mail to thelast known address of such owner or occupant. Ifsuch tree or trees shall not be removed within .ten

Ch. 30.] 101

(10) days after the date of such notice, such countyor counties may thereupon fell the same for the pur-pose of preventing such danger.

Passed the House February 8, 1921.Passed the Senate February 16, 1921.Permitted to become a law without the signature of the

Governor.J. GRANT HINKLE,

Secretary of State.

CHAPTER 31.(H. B. 88.]

INSURANCE.

AN ACT relating to insurance and amending section 6059-187 andrepealing sections 6059-188 and 6059-189, Remington and Bal-linger's Annotated Codes and Statutes of Washington.


SECTION 1. That section 6059-187, Remington& Ballinger's Annotated Code be amended to readas follows:

Section 6059-187. Standard Provision for Acci-dent and Health Policies.

Subdivision (a). On and after the first day ofHealth and January, 1922, no policy of insurance against loss oraccident.

damage from the sickness, or the bodily injury ordeath of the insured by accident shall be issued ordelivered to any person in this state until a copy ofthe form thereof and of the classification of risks,if more than one class of risks is written and thepremium rates pertaining thereto have been filedwith the insurance commissioner; nor shall it be soissued or delivered until the expiration of thirtydays after it has been so filed unless the said com-missioner shall sooner give his written approval

SESSION LAWS, 1921. [Ch. 31.102

SESSION LAWS, 1921.

thereto. If the said commissioner shall notify, inwriting, the company, corporation, association, so-ciety or other insurer which has filed such'form thatit does not comply with the requirements of law,specifying the reasons for his opinion, it shall beunlawful thereafter for any such insurer to issueany policy in such form. The action of the saidcommissioner in this regard shall be subject to re-view by any court of competent jurisdiction: Pro-vided, however, That nothing in this act shall be soconstrued as to give jurisdiction to any court notalready having jurisdiction.

Subd. (b). No such policy shall be so issued or Condiions

delivered (1) unless the entire money and other con-siderations therefor are expressed in the policy;nor (2) unless the time at which the insurance there-under takes effect and terminates is stated in a por-tion of the policy preceding its execution by the in-surer; nor (3) if the policy purports to insure morethan one person; nor (4) unless every printed por-tion thereof and of any endorsements or attachedpapers shall be plainly printed in type of which theface shall be not smaller than ten-point; nor (5)unless a brief description thereof be printed on itsfirst page and on its filing back in type of which theface shall be not smaller than fourteen point; nor(6) unless the exceptions of the policy be printedwith the same prominence as the benefits to whichthey apply: Provided, however, That any portionof such policy which purports, by reason of the cir-cumstances under which a loss is incurred, to reduceany indemnity promised therein to* an amount lessthan that provided for the same loss occurring underordinary circumstances, shall be printed in bold facetype and with greater prominence than any otherportion of the text of the policy.

Subd. (c). Every such policy so issued shall piis.

contain certain standard provisions, which shall be

Ch. 31.] 103

SESSION LAWS, 1921.

in the words and in the order. hereinafter set forthand be preceded in every policy by the caption,"Standard provisions." In each such standard pro-vision wherever the word "insurer " is used, thereshall be substituted therefor "company" or "cor-poration" or "association" or "society" or suchother word as will properly designate the insurer.Said standard provisions shall be:

(1) A standard provision relative to the con-tract which may be in either of the following twoforms: Form (A) to be used in policies which donot provide for reduction of indemnity on accountof change of occupation, and form (B) to be usedin policies which do so provide. If form (B) isused and the policy provides indemnity against lossfrom sickness, the words "or contracts sickness"may be inserted therein immediately after the words"in the event that the insured is injured:"

(A) 1. This policy includes the endorsementsand attached papers, if any, and contains the entirecontract of insurance. No reduction shall be madein any indemnity herein provided by reason ofchange in the occupation of the insured or by reasonof his doing any act or thing pertaining to any otheroccupation.

(B) 1. This policy includes the endorsementsand attached papers, if any, and contains the entirecontract of insurance except as it may be modifiedby the insurer's classification of risks and premiumrates in the event that the insured is injured afterhaving changed his occupation to one classified bythe insurer as more hazardous than that stated inthe policy, or while he is doing any act or thing per-taining to any occupation so classified, except ordin-ary duties about his residence or while engaged inrecreation, in which event the insurer will pay onlysuch portion of the indemnities provided in thepolicy as the premium paid would have purchased

[Ch. 31.104

SESSION LAWS, 1921.

at the rate but within the limits so fixed by the in-surer for such more hazardous occupation.

If the law of the state in which the insured re-sides at the time this policy is issued requires thatprior to its issue a statement of the premium ratesand classification of risks pertaining to it shall befiled with the state official having supervision of in-surance in such state, then the premium rates andclassification of risks mentioned in this policy shallmean only such as have been last filed by the in-surer in accordance with such law, but if such filingis not required by such law then they shall meanthe insurer's premium rates and classification ofrisks last made effective by it in such state prior tothe occurrence of the loss for which the insurer isliable.

(2) A standard provision relative to changesin the contract, which shall be in the following form:

2. No statement made by the applicant for in-surance not included herein shall avoid the policyor be used in any legal proceeding hereunder. Noagent has authority to change this policy or towaive any of its -provisions. No change in thispolicy shall be valid unless approved by an executiveofficer of the insurer and such approval be endorsedhereon.

(3) A standard provision relative to reinstate-ment of policy after lapse which may be in eitherof the three following forms: Form (A) to be usedin policies which insure only against loss from acci-dent; form (B) to be used in policies which insureonly against loss from sickness; and form (C) to beused in policies which insure against loss from bothaccident and sickness.

(A) 3. If default be made in the payment ofthe agreed premium for this policy, the subsequentacceptance of a premium by the insurer or by any ofits duly authorized agents shall reinstate the policy,

Ch. 31.] 105

SESSION LAWS, 1921.

but only to cover loss resulting from accidental in-jury thereafter sustained.

(B) 3. If default be made in the payment ofthe agreed premium for this policy, the subsequentacceptance of a premium by the insurer or by anyof its duly authorized agents shall reinstate thepolicy but only to cover such sickness as may beginmore than ten days after the date of such acceptance.

(C) 3. If default be made in the payment of theagreed premium for this policy, the subsequent ac-ceptance of a premium by the insurer or by any ofits duly authorized agents shall reinstate the policybut only to cover accidental injury thereafter sus-tained and such sickness as may begin more thanten days after the date of such acceptance.

(4) A standard provision relative to time ofnotice of claim which may be in either of the threefollowing forms: Form (A) to be used in policieswhich insure only against loss from accident; form(B) to be used in policies which insure only againstloss from sickness; and form (C) to be used inpolicies which insure against loss from both acci-dent and sickness. If form (A) or form (C) is usedthe insurer may at its option add thereto the follow-ing sentence: "In event of accidental death im-mediate notice thereof must be given to the insurer."

(A) 4. Written notice of injury on which claimmay be based must be given to the insurer withintwenty days after the date of the accident causingsuch injury.

(B) 4. Written notice of sickness on which claimmay be based mst be given to the insurer withinten days after the commencement of the disabilityfrom such sickness.

(C) 4. Written notice of injury or of sicknesson which claim may be based must be given to theinsurer within twenty days after the date of the

106 (Ch. 31.

SESSION LAWS, 1921.

accident causing such injury or within ten days afterthe commencement of disability from such sickness.

(5) A standard provision relative to sufficiencyof notice of claim which shall be in the followingform and in which the insurer shall insert in theblank space such office and its location as it maydesire to designate for such purpose of notice:

5. Such notice given by or in behalf of the in-sured or beneficiary, as the case may be, to the in-surer at . . . or to any authorized agent ofthe insurer, with particulars sufficient to identifythe insured, shall be deemed to be notice to the in-surer. Failure to give notice within the time pro-vided in this policy shall not invalidate any claimif it shall be shown not to have been reasonablypossible to give such notice and that notice wasgiven as soon as was reasonably possible.

(6) A standard provision relative to furnish-ing forms for the convenience of the insured in sub-mitting proof of loss as follows:

6. The insurer upon receipt of such notice, willfurnish to the claimant such forms as are usuallyfurnished by it for filing proofs of loss. If suchforms are not so furnished within fifteen days afterthe receipt of such notice, the claimant shall bedeemed to have complied with the requirements ofthis policy as to proof of loss upon submitting withinthe time fixed in the policy for filing proofs of loss,written proof covering the occurrence, character andextent of the loss for which claim is made.

(7) A standard provision relative to filing proofof loss which shall be in such one of the followingforms as may be appropriate to the indemnitiesprovided:

(A) 7. Affirmative proof of loss must be fur-nished to the insurer at its said office within ninetydays after the date of the loss for which claim ismade.

Ch. 31.1 107

SESSION LAWS, 1921.

(B) 7. Affirmative proof of loss must be fur-nished to the insurer at its said office within ninetydays after the termination of the period of disabilityfor which the company is liable.

(C) 7. Affirmative proof of loss must be fur-nished to the insurer at its said office in case ofclaim for loss of time from disability within ninetydays after the termination of the period for whichthe insurer is liable, and in case of claim for anyother loss, within ninety days after the date of suchloss.

(8) A standard provision relative to examina-tion of the person of the insured and relative toautopsy which shall be in the following form:

8. The insurer shall have the right and oppor-tunity to examine the person of the insured whenand so often as it may reasonably require duringthe pendency of claim hereunder, and also the rightand opportunity to make an autopsy in case of deathwhere it is not forbidden by law.

(9) A standard provision relative to the timewithin which payments other than those for loss oftime on account of disability shall be made, whichprovision may be in either of the following twoforms and which may be omitted from any policyproviding only indemnity for loss of time on accountof disability. The insurer shall insert in the blankspace either the word "immediately" or appropri-ate language to designate such period of time, notmore than sixty days, as it may desire; form (A)to be used in policies which do not provide indem-nity for loss of time on account of disability andform (B) to be used in policies which do so provide.

(A) 9. All indemnities provided in this policywill be paid . . . after receipt of due proof.

(B) 9. All indemnities provided in this policyfor loss other than that of time on account of dis-

[Ch. 31.108

SESSION LAWS, 1921.

ability will be paid ................................................ after receipt ofdue proof.

(10) A standard provision relative to period-ical payments of indemnity for loss of time on ac-count of disability, which provision shall be in thefollowing form, and which may be omitted from anypolicy not providing for such indemnity. The in-surer shall insert in the first blank space of the formappropriate language to designate the proportion ofaccrued indemnity it may desire to pay, which pro-portion may be all or any part not less than one-half, and in the second blank space shall insert anyperiod of time not exceeding sixty days:

10. Upon request of the insured and subject todue proof of loss ........................................ accrued indemnityfor loss of time on account of disability will be paidat the expiration of each..........................during thecontinuance of the period for which the insurer isliable, and any balance remaining unpaid at the ter-mination of such period will be paid immediatelyupon receipt of due proof.

(11) A standard provision relative to indem-nity payments which may be in either of the two fol-lowing forms: Form (A) to be used in policieswhich designate a beneficiary and form (B) to beused in policies which do not designate any benefi-ciary other than the insured:

(A) 11. Indemnity for loss of life of the insuredis payable to the beneficiary if surviving the in-sured, and otherwise to the estate of the insured.All other indemnities of this policy are payable tothe insured.

(B) 11. All the indemnities of this policy arepayable to the insured.

(12) A standard provision providing for can-cellation of the policy at the instance of the insuredwhich shall be in the following form:

Ch. 31.1 109

12. If the insured shall at any time change hisoccupation to one classified by the insurer as lesshazardous than that stated in the policy, the insurer,upon written request of the insured and surrenderof the policy, will cancel the same and will returnto the insured the unearned premium.

(13) A standard provision relative to the rightsof the beneficiary under the policy which shall bein the following form and which may be omittedfrom any policy not designating a beneficiary:

13. Consent of the beneficiary shall not be requi-site to surrender or assignment of this policy, or tochange of beneficiary, or to any other changes inthe policy.

(14) A standard provision limiting the timewithin which suit may be brought upon the policyas follows:

14. No action at law or in equity shall bebrought to recover on this policy prior to the expira-tion of sixty days after proof of loss has been filedin accordance with the requirements of this policy,nor shall such action be brought at all unless broughtwithin two years from the expiration of the timewithin which proof of loss is required by the policy.

(15) A standard provision relative to time lim-itations of the policy as follows:

15. If any time limitation of this policy withrespect to giving notice of claim or furnishing proofof loss is less than that permitted by the law of thestate in which the insured resides at the time thispolicy is issued, such limitation is hereby extendedto agree with the minimum period permitted bysuch law.

Subd. (d). No such policy shall be so issued orRestripted delivered which contains any provision (1) relativeprov'isions.

to cancellation at the instance of the insurer; or (2)limiting the amount of indemnity to a sum less thanthe amount stated in the policy and for which the

110b SESSION LAWS, 1921. [Ch. 31.

SESSION LAWS, 1921.

premium has been paid; or, (3) providing for thededuction of any premium from the amount paid insettlement of. claim; or, (4) relative to other insur-ance by the same insurer; or, (5) relative to the agelimits of the policy; unless such provisions whichare hereby designated as optional standard provi-sions, shall be in the words and in the order in whichthey are hereinafter set forth, but the insurer mayat its option omit from the policy any such optionalstandard provision. Such optional standard provi-sions if inserted in the policy shall immediately suc-ceed the standard provisions named in subd. (c) ofthis section.

(1) An optional standard provision relative tocancellation of the policy at the instance of the in-surer as follows:

16. The insurer may cancel this policy at anytime by written notice delivered to the insured ormailed to his last address, as shown by the recordsof the insurer, together with cash or the insurer'scheck for the unearned portion of the premiums ac-tually paid by the insured, and such cancellationshall be without prejudice to any claim originatingprior thereto.

(2) An optional standard provision relative toreduction of the amount of indemnity to a sum lessthan that stated in the policy as follows:

17. If the insured shall carry with another com-pany, corporation, association or society other in-surance covering the same loss without giving writ-ten notice to the insurer, then in that case the in-surer shall be liable only for such portion of the in-demnity promised as the said indemnity bears tothe total amount of like indemnity in all policiescovering such loss, and for the return of such partof the premium paid as shall exceed the pro ratafor the indemnity thus determined.

Ch. 31.] ill

SESSION LAWS, 1921.

(3) An optional standard provision relative todeduction of premium upon settlement of claim asfollows:

18. Upon the payment of claim hereunder anypremium then due and unpaid or covered by anynote or written order may be deducted therefrom.

(4) An optional standard provision relative toother insurance by the same insurer which shall bein such one of the following forms as may be appro-priate to the indemnities provided, and in the blankspaces of which the insurer shall insert such upwardlimits of indemnity as are specified by the insurer'sclassification of risks, filed as required by this sec-tion.

(A) 19. If a like policy or policies, previouslyissued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityin excess of $ ....... , the excess insuranceshall be void and all premiums paid for such excessshall be returned to the insured.

(B) 19. If a like policy or policies, previouslyissued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityfor loss of time on account of disability in excess of$.........weekly, the excess insurance shall bevoid and all premiums paid for such excess shall bereturned to the insured.

(C) 19. If a like policy or policies, previouslyissued by the insurer to the insured be in force con-currently herewith, making the aggregate indemnityfor loss other than that of time on account of dis-ability in excess of $........., or the aggregateindemnity for loss of time on account of disabilityin excess of $ ......... weekly, the excess insur-ance of either kind shall be void and all premiumspaid for such excess shall be returned to the insured.

(5) An optional standard provision relative tothe age limits of the policy which shall be in the fol-

112 [Ch. 31.

SESSION LAWS, 1921.

lowing form and in the blank spaces of which theinsurer shall insert such number of years as it mayelect:

20. The insurance under this policy shall notcover any person under the age of..........yearsnor over the age of ................. years. Any premiumpaid to the insurer for any period not covered by thispolicy will be returned upon request.

Subd. (e). No such policy shall be so issued or Provisionscontrary

delivered if it contains any provision contradictory, to thoseauthorized.

in whole or part, of any of the provisions herein-before in this act designated as "Standard provi-sions" or as "Optional standard provisions"; norshall any endorsement or attached papers vary,alter, extend, be used as a substitute for, or in anyway conflict with any of the said "Standard provi-sions" or the said "Optional standard provisions";nor shall such policy be so issued or delivered if itcontains any provision purporting to make any por-tion of the charter, constitution or by-laws of the in-surer a part of the policy unless such portion of thecharter, constitution or by-laws shall be set forth infull in the policy, but this prohibition shall not bedeemed to apply to any statement of rates or classifi-cation of risks filed with the insurance commissionerin accordance with the provisions of this section.

Subd. (f) The falsity of any statement in the False state-m~ents In

application for any policy covered by this section application.

shall not bar the right to recovery thereunder unlesssuch false statement was made with actual intent todeceive or unless it materially affected either the ac-ceptance of the risk or the hazard assumed by theinsurer.

Subd. (g). The acknowledgement by any in- Defenses of*in surer not

surer of the receipt of notice given under any policy waived.

covered by this section, or the furnishing of formsfor filing proofs of loss, or the acceptance of suchproofs, or the investigation of any claim thereunder

Ch. 31.]1 113

shall not operate as a waiver of any of the rights ofthe insurer in defense of any claim arising undersuch policy.

Subd. (h). No alteration of any written applica-pnautnor- tion for insurance by erasure, insertion or otherwise,12ed altera-tions of shall be made by any person other than the appli-application. cant without his written consent, and the making of

any such alteration without the consent of the appli-cant shall be a misdemeanor. If such alterationshall be made by any officer of the insurer, or by anyemployee of the insurer with the insurer's knowl-edge or consent, then such act shall be deemed tohave been performed by the insurer thereafter is-suing the policy upon such altered application.

Subd. (i). A policy issued in violation of thisPolicy in section shall be held valid but shall be construed asviolation otlaw valid. provided in this section and when any provision in

such a policy is in conflict with any provision of thissection the rights, duties and obligations of the in-surer, the policy holder and the beneficiary shall begoverned by the provisions of this section.

Subd. (j) (1). Nothing in this section, however,ft a t ion shall apply to or affect any policy of liability or

workmen's compensation insurance or any generalor blanket policy of insurance issued to any muni-cipal corporation or department thereof, or to anycorporation, copartnership, association or individualemployer, police or fire department, underwriter'scorps, salvage bureau, or like associations or or-ganizations, where the officers, members or em-ployees or classes or departments thereof are in-sured for their individual benefit against specifiedaccidental bodily injuries or sickness while exposedto the hazards of the occupation or otherwise in con-sideration of a premium intended to cover the risksof all the persons insured under such policy.

(2) Nothing in this act shall apply to or in anyway affect contracts of life or endowment insurance


SESSION LAWS, 1921.

or contracts supplemental thereto, where such con-tracts or supplemental contracts contain no provi-sions relating to accident or health insurance exceptaccidental death benefits and except such as operateto safeguard such insurance against lapse, or to givea special surrender value or an annuity providingfor payments during the lifetime of the insured, withor without reduction of the sum insured in the eventthat the insured shall be totally and permanentlydisabled from any cause: Provided, That no suchsupplemental contract shall be issued or deliveredto any person in this state unless and until a copyof the form thereof has been submitted to and ap-proved by the insurance commissioner, under suchreasonable rules and regulations as he shall makeconcerning the provisions in such contracts and theirsubmission to and approval by him.

(3) The provisions of this act contained inclause (5) of subdivision (b) and clauses (2), (3),(8) and (12) of subdivision (c) may be omitted fromrailroad ticket policies sold only at railroad stationsor at railroad ticket offices by railroad employees.

SEC. 2. Sections 6059-188 and 6059-189, Reming- Repealing

ton & Ballinger's Code are hereby repealed.

Passed the House February 3, 1921.Passed the Senate February 16, 1921.Approved by the Governor March 1, 1921.

Ch. 31.] 115

SESSION LAWS, 1921.


STATE HIGHWAYS.

AN ACT relating to acquirement of lands for rights of way anddrainage of state highways, and amending section 5872, Rem-ington & Ballinger's Annotated Codes and Statutes of Wash-ington.



Section 5872. Whenever it is necessary to se-Acquiring cure any lands for a right-of-way for a state high-land.

way, or for the drainage thereof, the supervisor ofhighways is authorized to.acquire such lands in be-half of the state by gift, purchase or condemnation.In case of condemnation to secure such lands, theaction shall be brought in the name of the stateunder the provisions of sections 891 to 900, both in-clusive, of Rem. & Bal. Code, and in such action theselection of the lands by the supervisor of highwaysshall, in the absence of bad faith, arbitrary, capri-cious or fraudulent action, be conclusive upon thecourt and judge before which the action is broughtthat said lands are necessary for the purpose sought.The cost of such lands may be paid from the fundapportioned to the State road for which such rightof way or drainage is acquired. Whenever it isnecessary to locate and construct a state road overand across any of the public lands of the state ofWashington, including tide or shore lands or anyoyster reserve which has been or may hereafter bcestablished, the supervisor of highways shall filein the office of the state land commissioner a mapshowing the location of such road over and acrosssuch lands with reference to a United States govern-

116 [Ch. 32.

SESSION LAWS, 1921.

ment survey, and upon the filing of such map theeasement for such right of way shall be reserved tothe state and such land when sold, leased or other-wise disposed of, shall be sold, leased or disposed ofsubject to such right of way.

SEC. 2. That the state highway commissioner Exercise ofpowers

shall exercise all the powers and perform all the delegated.

duties herein required of and authorized to be per-formed by the supervisor of highways, until suchtime as such officer shall be appointed, qualify, andassume and exercise the duties of his office.

Passed by the Senate February 7, 1921.Passed by the House February 17, 1921.Approved by the Governor March 1, 1921.


UNITED STATES SENATORS.

AN ACT empowering the Governor to make temporary appoint-ments to fill vacancies in the office of United States Senator.


SECTION 1. When a vacancy happens in the rep- Appointedto fill

resentation of this state in the Senate of the United vacancy.

States the Governor shall be, and he is hereby, em-powered to make a temporary appointment until thepeople fill the vacancy by election at the next ensuing

general state election.Passed by the Senate February 2, 1921.Passed by the House February 23, 1921.Approved by the Governor March 2, 1921.

Ch. 33] 117

SESSION LAWS, 1921.

CHAPTER 34.[S. S. B. 32.]

McCLELLAN PASS.

AN ACT relating to highways, and changing the name of the Mc-Clellan Pass highway to the Naches Pass highway.


SECTION 1. The name of that certain primaryName state highway established by section 6 of chapterchanged

taces 164 of the Laws of 1915 as the McClellan Pass high-way, is hereby changed to, and said highway shallbe known as, the Naches Pass highway.



STATE HIGHWAYS.

AN ACT relating to selection of routes for state highways, andamending Section 5878-7, Remington and Ballinger's Anno-tated Codes and Statutes of Washington.


SECTION 1. That Section 5878-7 of Remington& Ballinger's Annotated Codes and Statutes ofWashington be, and the same hereby is amended toread as follows:

Section 5878-7. Routes. Whenever the generalRoutes. route of any state highway shall be designated and

laid out by the legislature as running to, through orbetween certain designated points, without specify-

(Ch. 34-35.118

SESSION LAWS, 1921.

ing the particular route to be followed to, throughor between such points, the State Highway Boardshall determine the particular route to be followedby said highway to, through or between said desig-nated points, and shall be at liberty to select andadopt as a part of such highway, the whole or anypart of any existing state or county road, or to de-viate in whole or in part from any existing state orcounty road. The State Highway Board need notselect and adopt the entire route for such highwaysat one time, but may select and adopt parts of suchroutes from time to time as it deems advisable.


CHAPTER 36.1H. B. 133.]

STATE TREASURER.

AN ACT relating to and providing for the appointment of an assistant state treasurer and a deputy state treasurer.


SECTION 1. The state treasurer shall have the Appoint-

power to appoint an assistant state treasurer, who istant

shall have the power to perform any act or duty and deputy.

which may be performed by the state treasurer assuch, and in case of a vacancy in the office of statetreasurer, perform the duties of said office untilthe vacancy is filled as provided by law. The statetreasurer shall have power to appoint a deputy statetreasurer, who shall have the power to perform anyact or duty which may be performed by the statetreasurer as such. The assistant state treasurer

Ch. 36.1 119

and the deputy state treasurer shall hold office atthe pleasure of the state treasurer and shall respec-tively, before entering upon the duties of their office,take and subscribe, and file with the secretary ofstate, the oath of office provided by law for otherstate officers, and shall give surety bonds in such sumas the state treasurer shall deem sufficient for thefaithful performance of their duties, which bondsshall be approved and filed as other state officials'bonds. The state treasurer shall be held responsibleon his official bond for all official acts of the assistantstate treasurer and the deputy state treasurer.


CHAPTER 37.[S. B. 151.]

GAME AND GAME FISH.

AN ACT relating to the protection, propagation, introduction, pur-chase, disposition and restoration of game birds, game ani-mals, fur-bearing animals and game fish; creating certain of-ficers, defining their powers and duties; relating to licensesfor hunting, fishing and trapping; authorizing the closing,opening and shortening of hunting and fishing seasons; regu-lating the transportation and possession of game animals,game birds, game fish and fur-bearing animals; providing pen-alties for violation and repealing Sections 5347, 5351, 5395-2,5395-3, 5395-4, 5395-8, 5395-25, 5395-27, 5395-33, 5395-35, 5395-36,5395-38, 5395-41 and 5395-42 of Remington and Ballinger's An-notated Codes and Statutes of Washington, and Section 7 ofChapter 164, of the Session Laws of 1917, and all other lawsin conflict therewith.


SECTION 1. The Director of Fisheries and GameRegulation thog anof n through and by means of the Division of Game andtin ote - Game Fish, shall have the management and author-


SESSION LAWS, 1921.

ity to regulate the propagation and preservation ofall game animals, game birds, game fish, and harm-less birds and animals, and the collection of gamefish spawn and the distribution of the same; alsothe distribution of fry and adult fish in any of therivers, lakes and streams of the State, and the rightto import such spawn and fry and adult fish as maybe deemed advisable; and when so propagated, takenor imported, to distribute the same to the variouscounties as necessities and adaptabilities may re-quire; also the right to purchase, sell, lease or ex-change real or personal property; also the rightat any season of the year to take any specimen orspecimens of game animals, game birds or game fish,or migratory birds for informative, scientific or re-search purposes.

The county game commission shall be appointedon the recommendation of the board of county com-missioners of each county, but in case the countycommissioners fail to recommend such county gamecommissioners for appointment upon the request ofthe supervisor of game and game fish within tendays after written notice so to do, then and in thatevent the supervisor of game and game fish may ap-point such commissioners.

The game commissioners for each county shallappoint a county warden. Each county wardenshall receive a salary to be fixed by the Game Com-mission of each county which salary shall be paidout of the county game fund, and no salary shall befixed by said commission in excess of the availablefunds.

The Director of Fisheries and Game, throughand by means of the supervisor of game and gamefish, shall have general supervision and control ofthe county game wardens and county deputy ward-ens, and may transfer them on official business fromone county to another whenever in his judgment it

Ch. 37.] 121

is advisable so to do. The expenses of such transferare to be borne from the game fund of the county towhich the transfer is made.

The Director of Fisheries and Game shall class-ify such fish as game fish which are so identified byscience, and which are not specifically so classifiedby statute. He shall give notice of such classi-fication by publication in a newspaper of generalcirculation, published at the State Capital, and fromand after the date specified in said notice the fish soclassified shall only be taken in accordance with theprovisions of this act governing the taking of gamefish.

The Director of Fisheries and Game, throughand by means of the supervisor of game and gamefish, shall have the power to authorize the importa-tion of game birds, animals and fish, and authorityto regulate and license the sale and transportationthereof within the State of Washington. The li-cense fee for an importer shall be twenty-five dollars($25.00) per annum. The license fee for the keeperof a hotel, restaurant, boarding house, club or anyretail dealer shall be five dollars ($5.00) per annum,and each carcass shall be separately tagged as pro-vided by Chapter 72 of the Session Laws of 1919.

SEC. 2. It shall be the duty of each countyAnnual warden to make a report annually on March 1st eachreport bycounty year to the Director of Fisheries and Game, which

report shall be made on blanks to be provided bythe Director of Fisheries and Game, and shall con-tain such information as he may deem advisable, andthe Director of Fisheries and Game shall biennially,as of March 1st, make a report to the Governor ofthe State, which said report shall contain all the in-formation concerning the acts of the county gamewardens; also report on such game and game fish asmay have been propagated and distributed underhis direction, and all such other acts connected with


SESSION LAWS, 1921.

the enforcement of the game laws as may come tohis notice.

The Director of Fisheries, through and by means Enforce-ment of

of the supervisor of game and game fish, the various laws.

game commissions, and the county wardens shallhave jurisdiction to enforce all of the laws of thestate relating to game birds, game animals, gamefish and fur-bearing animals.

The county game commission shall be providedwith a furnished office in the court house in eacheounty, at the county seat.

SEC. 3. - Said county game commission shall en- countygame

force the laws of the state within their respective commissionpowers.

counties involving the protection, propagation anddisposition of all game birds, game animals, gamefish, fur-bearing animals, and harmless birds andanimals. Said county game commission shall havecharge of the regulation, disposition, and distribu-tion of:

1. The classification, propagaion [propagation]and preservation of such varieties of game, game fishand fur-bearing animals as it shall deem to be of pub-lic value.

2. The collection and diffusion of such statisticsand information as shall be germane to the purposeof this act.

3. The construction, control and management ofall county game and game fish hatcheries, includingthe control of grounds owned or leased for such pur-poses; also the right to purchase, sell, lease or ex-change real or personal property: Provided, Thatwhenever any county game commission desires toestablish a game fish hatchery it shall be the dutyof the Director of Fisheries and Game, through andby means of the supervisor of game and game fish,to supervise the erection of such hatchery and theplanting of any fish fry or spawn taken from suchhatchery: And. provided further, That no person

Ch. 37.1 123

SESSION LAWS, 1921.

in the State of Washington shall plant any gamefish, game fish fry or spawn in any of the bodies ofwater in the State of Washington without the writ-ten consent of the Director of Fisheries and Game,or the Supervisor of Game and Game Fish.

4. The receiving from the United States FishCommissioner or other source, and the gathering,purchase and distribution to the waters of this stateof all game fish, spawn or fry.

5. The taking of game and game fish in theState of Washington and the propagation and distri-bution of same.

6. The seizure and disposition of all game birds,game animals, fur-bearing animals, game fish orparts thereof either taken, killed, transported orpossessed contrary to law, and of all dogs, guns,seines, nets, boats and lights unlawfully used or heldwith intent to use in pursuing, taking, attemptingto take, concealing or disposing of the same.

The superior courts of the respective countiesshall, upon petition of the game commission, fix thetime, manner and notice of sale of such property asmay be abandoned, forfeited or confiscated, and de-scribed in the petition, the proceeds of such sale tobe placed to the credit of the county game fund.

7. The county game commission in their re-spective counties shall have the power and authorityto set aside any of the state, school or granted lands,all waters lying below extreme low tide, all watersof meandered streams, rivers and lakes lying be-yond the outer harbor area, and such other lands asthe individual owners thereof from time to timegive their consent and approval in writing, also suchof the National Forest Reserve areas as the chiefforester of the National Forest Service of the UnitedStates shall consent in writing to be set aside asgame preserves wherein no game bird, game animal,or fur-bearing animal or any one or more of them,

124 [Ch. 37.

SESSION LAWS, 1921.

can be hunted, pursued, trapped, caught or killedwithin the boundaries thereof, for such time and solong as they may see fit and proper; to acquire inClass A counties by gift, purchase, lease or con-demnation, such lands, water supply and rights ofway therefor, as may be deemed necessary for theuse of said commission for hatchery sites, trap sitesand sanctuaries, and to acquire the rights of way tothe nearest public highway; said rights to be exer-cised in the same manner and by the same procedureas provided by the laws of this state for municipalcorporations.

8. The county game commissioners shall be paidout of the county game fund their actual travelingexpenses when actually engaged in the transactionof their official duties, and may expend from thecounty game fund of their respective counties a sumnot to exceed twenty dollars ($20.00) as annual duesto the State Association of County Game Commis-sioners and Game Wardens, the purpose of whichorganization is the protection, propagation and dis-tribution of game animals, game birds, and gamefish, and for the prosecution of violations of the lawsof this state relating thereto. All payments madeunder the provisions of this act shall be made bycounty or state warrants respectively and all claimsagainst the said county game fund shall be auditedby the county game commission in their respectivecounties, and all claims against the state game fundsshall be audited by the supervisor of game and gamefish, who shall have authority when occasion de-mands, to appoint deputy state game wardens andassign them to such places in the state as in hisjudgment may be necessary. Such special deputiesmay be employed for such length of time and at suchsalaries together with their necessary traveling ex-penses, as may be fixed by the supervisor of gameand game fish. Such salaries and traveling ex-

Ch. 37.3 125

SESSION LAWS, 1921.

penses for the special deputy game wardens shall bepaid from the state game fund.

The State Association of County Game Commis-sioners and Game Wardens shall meet at least onceeach year on dates and at places to be fixed by them-selves.

The expenses of the game commissioners andgame wardens in attending an annual meeting ofsaid Association shall be paid from the game fundof the respective counties.

At each annual meeting there shall be selectedfrom the membership of the county game commis-sioners of said Association an advisory committeeof five (5) members, which committee shall serveuntil the next annual meeting of the Association.Said advisory committee shall sit with the Directorof Fisheries and Game in the apportioning of anymoneys which may be appropriated from the StateGame Fund, for the assistance of those countieswhich the Director of Fisheries and Game, and saidcommittee shall deem to be in need of financial as-sistance for the proper carrying on of the work ofsaid county game commission, and each member ofsaid advisory committee shall have an equal voicewith the Director of Fisheries and Game in the ap-portioning of said fund.

The Director of Fisheries and Game through andby means of the supervisor of game and game fishshall have authority to call the advisory committeeinto consultation at any time and place he so desires,relative to the conduct, management, propagationand distribution of game birds, game animals andgame fish.

All traveling expenses of the advisory committeein attending all meetings shall be paid from the stategame fund.

9. Upon written application by the full member-ship of any county game commission to the Director

126 [Ch. 37.

SESSION LAWS, 1921.

of Fisheries and Game, permission may be grantedby the Director of Fisheries and Game through andby means of the supervisor of game and game fishto entirely close or to shorten to such time as theydeem expedient, the open season fixed by statute, orafter the season has been closed or shortened asaforesaid, to reopen the same for all or any portionof the time fixed by statute, which they may deem ex-pedient, or [for] any of the game birds, fur-bearingor game animals and game fish of the State, in theirrespective counties; and shall have authority to fixthe daily, weekly or season bag limit on all gamebirds, game fish and game animals. All applica-tions to open, close or shorten the season shall bemade at least thirty (30) days prior to the date pro-posed for the opening of the season. The countygame commission shall cause to be published anotice of the closing or shortening of the open sea-son or of the reopening of the season closed asaforesaid, and the number fixed as the bag limitshall be given by publication in a newspaper pub-lished and of general circulation in the county af-fected, not less than three weeks prior to the open-ing of the soason so fixed, which notice shall alsobe posted in the office of the auditor of such county,and the respective game commissions are herebyauthorized to give any other notice thereof as theymay deem advisable: Provided, however, that theprovisions of this paragraph shall not apply to mi-gratory birds as mentioned in Section 7 [6] of thisact: Provided, that no deer or upland game birdsshall be removed from Island or San Juan countieswithout first having obtained from the County GameWarden or deputy County Game Warden a permitfor such removal. Paying a fee therefor as follows:

For permit to remove 1 deer........... $10.00.For permit to remove grouse or pheasant .20c eachFor permit to remove quail............. .05c each

Ch. 37.] 127

Provided further, That any person violating anyof the rules and regulations of the county gamecommission when approved by the director of fish-eries and game thru the Supervisor of Game andGame Fish shall be guilty of a misdemeanor.

SEC. 4. All appointees of the county game com-Ofnicial mission shall give bonds in amounts to be approvedbonds.

by the county game commission, and said bondsfiled in the office of the county auditor, conditionedfor the faithful discharge of their respective duties,and to account for all funds and property cominginto their hands.

SEC. 5. Every person who shall within the StatePenaty. of Washington hunt, pursue; take, kill, injure, de-

stroy or possess any ruffed grouse, Hungarian par-tridge, prairie chicken, sage hen, Chinese, English,golden, Mongolian, silver, black-neck or Japanesepheasant, blue grouse, Franklin grouse, wild turkey,scaley partridge, Reeves pheasant, or any species ofquail or any species of upland game birds, except asherein provided, shall be guilty of a misdemeanor:Provided, That it shall be lawful to hunt, pursue,take, kill or possess the above named game birdsbetween the first day of September and the 1st dayof December, both dates inclusive of the same year,unless such season be shortened or closed by theunanimous action of the Director of Fisheries andGame through and by means of the supervisor ofgame and game fish and the county game commis-sion of the respective counties.

No person shall, within the State of Washing-ton take or needlessly destroy the nest or the eggsof any game bird or any wild bird other than a gamebird, or have such nest or eggs in his possession,except as permitted by this act. Any person or per-sons violating the provisions of this section shallbe guilty of a misdemeanor.

SESSION LAWS, 1921. [Ch. 3.7.128


SEC. 6. Every person who shall between the six- gatoryteenth day of January and the thirtieth day of Sep-tember, both dates inclusive of the same year, hunt,pursue, take, kill, injure, destroy or possess anyspecies of migratory birds commonly known as wildgoose, brant, wild duck, coot, rail, plover, snipe,sandpiper, curlews, avocets, stilts, turnstone, oystercatcher, phalaropes, or other species of birds, black-breasted and golden plover, jacksnipe or Wilsonsnipe, or greater or lesser yellow-legs, or who shallhunt, pursue, take or kill any of the birds abovementioned in this section after sunset or one-halfhour before sunrise, shall be guilty of a misde-meanor.

SEC. 7. No person shall, between the first day Limit for

of January and the 31st day of December of the fish.

same year, catch, take, kill or have in his possessionmore than 50 game fish in any one day, nor morethan twenty pounds and one game fish in any oneday, nor more than thirty pounds and one game fishin any one calendar week, nor in any other mannerthan by angling for them with hook and line heldin the hand or attached to a rod so held,. and no per-son shall have in his possession any game fishcaught, taken or killed in any of the waters of thisstate, except as provided in this chapter. No per-son shall fish in any stream or lake above any nat-ural barrier or waterfall, where salmon do not run,with fresh salmon eggs used as a decoy or bait. Anyperson violating this section shall be guilty of. a mis-demeanor.

SEC. 8. No person shall, within the State of Limit forgame.

Washington, hunt, catch, take, kill, ship, convey orcause to be shipped or transported by common orprivate carrier to any person either within or with-out the state, purchase, expose for sale, have in pos-session with intent to sell, sell to any person or have

SESSION LAWS, 1921.

in possession or under control at any time, any elk,moose, caribou, deer, fawn, mountain sheep or moun-tain goat, or any part thereof, including the hides,horns or hoofs except as herein provided: Provided,That one buck deer only may be killed in the coun-ties lying east of the eastern boundaries of What-com, Skagit, Snohomish, King, Pierce, Lewis andSkamania counties between October first and No-vember 15th of the same year: Provided, That inthe above described section of the state, it shall beunlawful at any time for any person to have in hispossession, dead or alive, any female deer: And pro-vided further, that no person may kill more thantwo deer from October first up to and including No-vember first of the same year in the counties lyingwest of the eastern boundaries of Whatcom, Skagit,Snohomish, King, Pierce, Lewis and Skamania coun-ties, and any deer lawfully killed or any part thereofmay be had in possession by any person during thesaid time. No person shall kill or have in his pos-session during said time more than two deer or partsthereof: Provided, That only one buck deer maybe killed in the counties of Whatcom, Skagit, Clal-lam and Snohomish, and that in said counties ofWhatcom, Skagit, Clallam and Snohomish it shallbe unlawful at any time for any person to have inhis possession, dead or alive, any female deer: Andprovided further, That any person who is lawfullyin possession of any deer or any parts thereof, mayship or cause to be shipped, any such deer, or anypart thereof, from place to place within the state:And provided further, That after the year 1925 maleantlered moose and elk may be killed between Octo-ber first and fifteenth of the same year, and suchmale elk or moose, or part thereof, may be had inpossession by any person during the time aforesaid,but no person shall kill or have in possession duringsaid time more than one male antlered elk or moose,

130 [Ch. 37.

SESSION LAWS, 1921.

or part thereof: And provided further, that anyperson desiring to retain any game bird, game ani-mal or game fish, or any part thereof, for humanconsumption or ornamental purposes, after the closeof the season when the same was lawfully taken,may do so by furnishing the county game commis-sion of the county wherein he desires to retain thesame, a true and correct description thereof, givingthe number, kind or kinds, and designating the placewhere the same is stored with reasonable certainty.The game commission or game warden shall haveauthority to tag or stamp the same for the purposeof identification, without materially damaging thesame.

. SEC. 9. It shall be unlawful for any person to Licenserequired.

hunt, pursue, catch, kill or take any of the game orfur-bearing animals, game birds or game fish pro-tected by the laws of this state during the seasonwhen it is lawful to hunt, pursue, take or kill thesame without such person having procured beforethe time of such -hunting, pursuing, catching orkilling, a hunting, fishing or trapping license there-for duly issued to him by the county auditor.

The licenses provided for in this act shall beissued by the county auditors of the respective coun-ties, and shall be as follows:

(a) A resident citizen of this state may obtaina hunting and fishing license by paying the countyauditor the sum of one dollar and fifty cents ($1.50),which shall entitle the holder thereof to hunt or fishwithin the county where such license is issued untilthe first day of March next following the date ofits issuance, at any time when it is otherwise lawfulto hunt or fish. Any county auditor shall issue ahunting and fishing license for any one or morecounties of the state and shall transmit the fees tothe auditors of the counties for which the licenses

Ch. 37.] 131

SESSION LAWS, 1921.

were issued at the close of each month's business,together with the record thereof.

(b) Any person who is a resident citizen of thisstate may obtain from any county auditor a statehunting and fishing license by the payment of sevendollars and fifty cents ($7.50) which license shallentitle the holder thereof to hunt and fish in anypart of the state until the first day of March nextfollowing the date of its issuance, when it wouldotherwise be lawful to hunt or fish within said state.

(c) A citizen non-resident of the State of Wash-ington may obtain a hunting and fishing license bypaying to the county auditor the sum of ten dollars($10.00) which shall entitle the holder thereof tohunt and fish in any county in the state up to andincluding the first day of March next following thedate of its issuance, when it would otherwise belawful to hunt or fish in said county.

(d) Provided, however, that a county fishing li-cense shall entitle the holder thereof to fish on eitherside of any stream or river, when the said streamor river shall constitute the boundary between twocounties.

(e) Any alien may obtain a hunting and gamefishing license by paying to the county auditor thesum of ten dollars ($10.00) which shall entitle theholder thereof to hunt and catch game fish in anycounty in the state up to and including the first dayof March next following the date of its issuance,when it would otherwise be lawful to hunt or fish insaid county: Provided, such alien is authorized tocarry firearms under the laws of this state, whichpermit shall be exhibited to the county auditor atthe time of applying for such license.

(f) The county auditor shall, upon applicationand the payment of two dollars and fifty cents($2.50) issue to any citizen non-resident of this statea license to take, catch, or kill any game fish in any

[Ch. 37.132

SESSION LAWS, 1921.

lawful manner within the county where the licenseis issued, whenever it is lawful to take, kill or catchany game fish.

(g) Licenses issued under the provisions of thisact shall be non-transferable, and any person hunt-ing or fishing shall, upon demand of any warden, ordeputy warden, exhibit his license, and a failure orrefusal to exhibit such license shall be prima facieevidence that such person has no license.

(h) Any person hunting or fishing without hav-ing obtained the license or not having same in hispossession as herein provided for, or doing anyother act which by this act is declared to be unlaw-ful, in cases where no other specific penalty is pro-vided, shall be guilty of a misdemeanor.

(i) Provided, however, that nothing in this'actshall prevent any woman, or minor under the age ofsixteen (16) years, who is an actual resident of thisstate, from fishing at any time when it is otherwiselawful to fish.

SEC. 10. In applying for any license under this Application

act the applicant shall make a written application for license.

which shall describe the applicant as to citizenship,age, weight, height and complexion, and the licenseissued shall contain the said description as containedin said application, and in all cases other than thatof a non-resident the application shall be accom-panied by a statement to the effect that he is analien or a resident citizen of the State of Washing-ton, giving his place of residence, and any personwho falsely states that he is a resident of the Stateof Washington when he is not such, shall be guiltyof a misdemeanor.

SEC. 11. It shall be unlawful to hunt, take, kill Bear.

or trap, snare or destroy any black, brown, or cinna-mon bear between the first day of May and the firstday of September of any year, except when such

Ch. 37.] 133

bear becomes predatory, or destructive of domesticanimals.

Provided, That it shall be lawful to sell or other-wise dispose of the carcass and pelt, and to trapbear as other fur-bearing animals are trapped.

SEC. 12. The English or European hawk spar-Predatory row, jays, magpies, kingfishers, crows and suchanddestructive hawks, falcons and owls as are destructive of, domes-animals.

tic fowls and game birds, are not included amongthe birds protected by this act. Provided, That thegame commissions of the respective counties may,acting through those authorized by them, destroygame birds and game or fur-bearing animals, whensame become predatory and destructive of property.

SEC. 13. It shall be unlawful at any time to shootShooting from any air craft or from, across or along anyrestrictions.

public highway or railway, or while in any motoror steam driven or horse drawn vehicle or railroadspeeder propelled by motor or man power, at anygame bird or game animal within the State of Wash-ington, and in any prosecution it shall not be neces-sary to prove that the defendant in so shootingactually killed a game bird or game animal: Pro-vided, That it shall be lawful to kill predatory ani-mals and predatory birds at any time, in any placeand in any manner. Any person or persons violat-ing any of the provisions of this section shall beguilty of a misdemeanor.

SEC. 14. It shall be unlawful for any person towoe have with him either loose or in leash any dog in

sections. any wooded section of any county of the state dur-ing the time in each year when it is lawful to huntdeer in such county, without having first obtainedand being in force a written permit so to do, issuedby the unanimous vote or action of the game com-missioners of such county. Provided, that this sec-tion shall not apply to the counties lying east of the


SESSION LAWS, 1921.

eastern boundaries of Whatcom, Skagit,- Snohomish,King, Pierce, Lewis and Skamania counties.

SEC. 15. Any person who hunts for any of the use ofartificial

protected game animals, game birds or game fishes lightprohibited.with a jack light or other artificial light of any class,kind or description, or is found after sunset in anywooded section or other place where deer may rea-sonably be expected, with any torch, lamp, lantern,electric, acetylene, gas or any other artificial lightin his possession shall be guilty of a misdemeanor:Provided, that if the defendant show to the satisfac-tion of the court that he was not hunting deer byhimself or in company with another, and was usingsuch artificial light for a lawful purpose, he shallbe discharged.

SEc. 16. No person over the age of sixteen (16) Trappingfur-bearing

years shall trap any fur-bearing animal at any time, animals.

without first having paid to the county auditor ineach county in which he is trapping, the sum of fivedollars ($5.00) and procured a license therefor,which license shall expire on the 28th day of Feb-ruary following its issue; Provided, That land own-ers and lease holders trapping upon their own prem-ises shall be exempt; Provided further, that musk-rats and moles may be trapped or killed in any man-ner at any time when injuring any field, garden,dyke, ditch, dam, embankment or public highway,by applying to the county game warden for a writtenpermit so to do; Provided further, that all sums paidto the county auditor for trapper's licenses shall beplaced to the credit of the county game fund.

Sic. 17. It shall be unlawful for any person to Shooting atmigratory

shoot at any migratory bird with a rifle, while such birds.

bird is in any lake, river or stream, or while suchbird is upon any island or bar in any river or lake.Any person violating any of the provisions of thisact shall be guilty of a misdemeanor.

Ch. 37.] 135

[Ch. 37.

SEC. 18. Any person who violates any of thevit r provisions of this act shall be guilty of a misde-

meanor, and shall be punished by a fine of not lessthan ten nor more than one hundred dollars, to-gether with the cost of prosecution, or by imprison-ment for not exceeding thirty days in the countyjail or both at the discretion of the court, for eachoffense. The killing of every single bird, animal orfish, protected by the laws of this state, shall con-stitute a separate offense. All fines collected underthe provisions of this act shall be turned over tothe treasurer of the county in which such action isbrought, and by him placed in the county game fund.

SEC. 19. Sections 5347, 5351, 5395-2, 5395-3,Repealing 5395-4, 5395-8, 5395-25, 5395-27, 5395-33, 5395-35,clause.

5395-36, 5395-38, 5395-41, and 5395-42 of Remington& Ballinger's Annotated Codes and Statutes ofWashington, and Section 7 of Chapter 164, of theSession Laws of 1917, and all other acts or partsof acts inconsistent with the provisions of this chap-ter are hereby repealed.

SEc. 20. This act is necessary for the immediateEmergency. preservation of the public peace, health and safety

and shall take effect immediately.Passed by the Senate March 1, 1921.Passed by the House March 1, 1921.Approved by the Governor March 2, 1921.

SESSION LAWS, 192-1.136

SESSION LAWS, 1921.


COMMISSIONER OF PUBLIC LANDS.

AN ACT authorizing and directing the Commissioner of PublicLands to issue a correction deed for certain state lands.


SECTION 1. The Commissioner of Public Lands is CorrectedC.deed to W.hereby authorized and directed to issue to W. C. Bentley.

Bentley a correction deed for tract 14 of the Sub-division of Section 36, Township 28 North, Range 2West, in Jefferson County in lieu of that certain deedheretofore issued by the State of Washington, pur-suant to contract of sale No. 4635 and recorded onpage 313 of volume 6 of State Record of Deeds, whichsaid correction deed shall contain the same terms andconditions as the original deed except that the correc-tion deed shall not contain a clause reserving to thestate the minerals therein.

Passed by the Senate January 27, 1921.Passed by the House February 23, 1921.Approved by the Governor March 3, 1921.

Ch. 38.} 137

SESSION LAWS, 1921.

CHAPTER 39.[H. B. 112.1

PORT DISTRICTS.

AN ACT relating to port districts, providing for the formation ofdistricts and the nomination of commissioners in certaincases, for the publication of notices and validating port dis-tricts heretofore created and bonds heretofore issued, andamending Section 4485 Pierce's Code by adding thereto cer-tain sections.

Be it enacted by the Legislature of the State of.Washington:

SECTION 1. That section 4485 Pierce's Code beamended by adding thereto a new section to be knownand designated as section 4485-15, as follows:

Section 4485-15. When it is desired to create aport district comprising territory less than the entire

Comprising county in other than class A counties, the county com-)ess thanco 3nty. missioners shall, upon petition of ten per cent or

more of the electors residing within the proposedboundaries of such proposed district based on thetotal vote at the last general election within sucharea, submit to the qualified electors residing withinsuch proposed district the proposition of creatingsuch port district. If at any such election a majorityof the votes cast thereon shall be in favor of estab-lishing such port district and the total vote cast uponsuch question shall equal one-third of the total votecast at the last preceding general election withinsuch area, such port district shall be established.

SEC. 2. That section 4485 Pierce's Code be amend-ed by adding thereto a new section to be known anddesignated as section 4485-16, as follows:

Section 4485-16. Nominations for port commis-Nominatron sioners in any port district having a population lessfor portsioners- than fifteen hundred may be made by petition signed

138 [Ch. 39.

SESSION LAWS, 1921.

by a number of qualified voters equaling ten per cent.or more of the qualified voters residing within thearea of said port district.

SEC. 3. That section 4485 Pierce's Code be amend-ed by adding thereto a new section to be known anddesignated.as section 4485-17, as follows:

Section 4485-17. Notices required in port dis- Notice whenno news-.

tricts in which no newspaper is published may be paper in

given by publication in any newspaper of generalcirculation in the county.


Section 4485-18. Port commissioners of any port Gifts.

district are hereby authorized to accept for and onbehalf of said port district gifts of real and personalproperty and to expend in improvements and better-ment such amount as may be necessary.


Section 4485-19. In every case where the county laiiY r

commissioners of any county in other than class A of district.

counties, after having first submitted the propositionof creating a port district to the voters within anyproposed area, have thereafter, upon a favorablevote.on said proposition, by order, act, or resolutioncreated or formed, or attempted to create or form, aport district, such port district so created or formed,or attempted to be created or formed, is hereby de-clared to be a valid port district, fully clothed withall the power and authority vested by law in portdistricts, and all proceedings in connection with.theformation of any such port district are hereby fullyvalidated, notwithstanding any irregularities or

Ch. 39.1 139

omissions in the procedure by which any such dis-trict was formed.


CHAPTER 40.[H. B. 176.1

BUDGET SYSTEM FOR STATE OFFICERS AND INSTI-TUTIONS.

AN ACT relating to the budget for state offices, departments andinstitutions, providing penalties, and amending 6648 Pierce'sCode.


SECTION 1. That section 6648 Pierce's Code(chapter 126 of the Laws of 1915) be amended byadding thereto a new section to be known as section6648-6, to read as follows:

Section 6648-6. Every officer, or directing head ofForfeitirefor delay, any department or institution, or member of a com-

mission, board or bureau, or employe, of the state,who shall fail to file the statement provided for insection one of this act, on the form and in the man-ner and at the time provided in said section one,shall forfeit ten dollars per day for each day's de-lay, and the state auditor is hereby directed to de-duct and withhold said forfeit from the salary ofthose so offending.



SESSION LAWS, 1921.


RELIEF OF INDIGENT SOLDIERS, SAILORS AND MARINES.

AN ACT relating to the relief of soldiers, sailors and marines andtheir families, and amending sections 6246, 6247, 6248, 6249,6250, 6251, 6252, 6253 Pierce's Code.

Be it enacted by the Legislature of the State ofWashinaton:

SECTION 1. That section 6246 Pierce's Code (8914of Rem. & Bal. Code, as amended by section 1 ofchapter 83 of the Laws of 1919) be amended to readas follows:

Section 6246. For the relief of indigent and suf- County aidauthorized.

fering Union soldiers, sailors and marines whoserved in the Civil War, in the war of Mexico or inany of the Indian wars in the United States, theSpanish-American war and Philippine insurrection,soldiers, sailors and marines who served in theUnited States Army, Navy, or Marine Corps betweenApril 6, 1917, and the date upon which peace isfinally concluded with the German government andits allies, or soldiers, sailors and marines who servedin the Army, Navy or Marine Corps of the UnitedStates in any other foreign war, insurrection, orexpedition, which service shall be governed by theissuance of a campaign badge by the governmentof the United States of America, and their. familiesor the families of those deceased, who need assist-ance in any city, town or precinct in this state, theboard of commissioners of the county in which saidcity, town or precinct is situated shall provide suchsum or sums of money as may be necessary, to bedrawn upon by the commander and quartermaster,or commander and adjutant of any post of the GrandArmy of the Republic, camp of the United SpanishWar Veterans, Veterans of Foreign Wars or post

Ch. 41.3 141

of the American Legion in said city or town uponrecommendation of the relief committee of said postor camp in the same manner as is now provided bylaw for the relief of the poor: Provided, said soldier,sailor or marine, or the families of those deceased,are and have been residents of the state for at leasttwelve months, and the orders of said commanderand quartermaster, or commander and adjutant shallbe the proper voucher for the expenditure of saidsum or sums of money.

SEC. 2. That section 6248 Pierce's Code (8915of Rem. & Bal. Code) be amended to read as follows:

Section 6248. If there be no post of the GrandNearest Army of the Republic, camp of the United Spanishpost or y Rpblc pnscam a War Veterans, Veterans of Foreign Wars or post ofreceive.

the American Legion in any precinct in which itshould be granted, the county commissioners of thecounty in which such precinct is, inay accept and paythe orders drawn, as hereinbefore provided, by thecommander and quartermaster, or commander andadjutant, of any post of the Grand Army of the Re-public, camp of the United Spanish War Veterans,Veterans of Foreign Wars or post of the AmericanLegion located in the nearest city or town, upon therecommendation of a relief committee who shall beresidents of the said precinct in which the relief may.be furnished.

SEc. 3. That section 6249 Pierce's Code (8916of Rem. & Bal. Code) be amended to read as follows:

Section 6249. Upon the passage of this act theNotice of commander of any post of the Grand Army of therelief work.

Republic, camp of the United Spanish War Veterans,Veterans of Foreign Wars 'or post of the AmericanLegion which shall undertake the relief of indigentveterans and their families, as hereinbefore pro-vided, before the acts of said commander andquartermaster, or commander and adjutant may be-come operative in any city or precinct, shall file with

142 SESSION LAWS, 192L. [Ch. 41.

SESSION LAWS, 1921.

the county auditor of such county, notice that saidpost or camp intends to undertake such relief as isprovided by this act. Such notice shall contain thenames of the relief committee of said post or campin such city or precinct, and the commander of saidpost or camp shall annually thereafter during themonth of October file a similar notice with saidauditor, and also a detailed statement of the amountof relief furnished during the preceding year, with.the names of all persons to whom such relief shallhave been furnished, together with a brief statementin each case from the relief committee upon whoserecommendations the orders were drawn.

SEC. 4. That section 6250 Pierce's Code (8917 ofRem. & Bal. -Code) be amended to read as follows:

Section 6250. The county commissioners may re- Bond maybe required.

quire of the commander and quartermaster, or com-mander and adjutant, of any post of the Grand Armyof the Republic, camp of the United Spanish WarVeterans, Veterans of Foreign Wars or post of theAmerican Legion undertaking to distribute reliefunder this act a bond with sufficient and satisfactorysureties for the faithful and honest discharge oftheir duties under this act.

SEc. 5. That section 6251 Pierce's Code (8918of Rem. & Bal. Code, as amended by chapter 83 ofthe Laws of 1919) be amended to read as follows:

Section 6251. County Commissioners are hereby care ofindigent

prohibited from sending indigent Union, Spanish- soldiers,sailors and

American war soldiers, sailors and marines, soldiers, marines.

sailors and marines who have served the UnitedStates in the United States Army, Navy, or MarineCorps between April 6, 1917, and the date uponwhich peace is finally concluded with the GermanGovernment and its allies, or soldiers, sailors andmarines who served in the Army, Navy, or MarineCorps of the United States in any other foreignwar, insurrection or expedition, which service shall

Ch. 41.]1 143

be governed by the issuance of a campaign badgeby the government of the United States of America(or their families or the families of the deceased), ofthe classes of persons mentioned in section 1, to anyalmshouse (or orphan asylum) without the concur-rence and consent of the commander and relief com-mittee of the post of the Grand Army of the Re-public, camp of the United Spanish War Veterans,Veterans of Foreign Wars or post of the AmericanLegion, as provided in sections 1 and 2. Indigentveterans shall, whenever practicable, be providedfor and relieved at their homes in such city, town orprecinct in which they shall have a residence, in themanner provided in sections 1 and 2 of this act.Indigent or disabled veterans of the classes specifiedin section 1, who are not insane and have no familiesor friends with whom they may be domiciled, may besent to any soldier's home.

SEC. 6. That section 6252 Pierce's Code (8929of Rem. & Bal. Code, as amended by chapter 83 ofthe Laws of 1919) be amended to read as follows:

Section 6252. It shall be the duty of the board ofBurial of county commissioners in each of the counties in thisdeceasedsoldiers, state to designate some proper authority other thansailors andmarines. the one designated by law for the care of paupers

and the custody of criminals who shall cause to beinterred at the expense of the county the body ofany honorably discharged soldier, sailor or marinewho served in the Army or the Navy of the UnitedStates of America during the late Civil War or inthe war with Mexico or in any of the Indian warsthat occurred in the State of Washington, or theSpanish-American war and the Philippine insur-rection, soldiers, sailors and marines who served inthe United States Army, Navy, or Marine Corpsbetween April 6, 1917, and the date upon which peaceis finally concluded with the German Governmentand its allies, or soldiers, sailors and marines who


SESSION LAWS, 1921.

served in the Army, Navy or Marine Corps of theUnited States in any other foreign war, insurrectionor expedition which service shall be governed by theissuance of a campaign badge by the governmentof the United States of America, and the wives orwidows of such soldiers, sailors or marines, whoshall hereafter die without leaving means sufficientto defray funeral expenses; and when requested soto do by the commanding officer of any post of theGrand Army of the Republic, camp of the UnitedSpanish War Veterans, Veterans of Foreign Warsor American Legion, or the relief committee of anysuch posts or camps: Provided, however, That suchinterment shall not cost more than one hundred dol-lars. If the deceased has relatives or friends whodesire to conduct the burial of such deceased person,then upon request of said commander or relief com-mittee a sum not to exceed one hundred dollars shallbe paid to said relatives or friends by the countytreasurer, upon due proof of the death and burial ofany person provided for by this section and proofof expenses incurred.

SEC. 7. That section 6253 Pierce's Code (8919of Rem. & Bal. Code, as amended by chapter 83 ofthe Laws of 1919) be amended to read as follows:

Section 6253. The boards of county commis- Tax levy.

sioners of the several counties in this state shalllevy,. in addition to the taxes now levied by law, atax not less than one-twentieth of one mill, and notgreater than two-fifths of one mill, upon the taxableproperty of their respective counties, to be leviedand collected as now prescribed by law for the as-sessment and collection of taxes, for the purposeof creating a fund for the relief of honorably dis-charged soldiers, sailors and marines who servedin the Civil War, in the war of Mexico or in any ofthe Indian wars, or the Spanish-American war orthe Philippine insurrection, soldiers, sailors and

Ch. 41.] 145

marines who served in the United States Army,Navy, or Marine Corps between April 6, 1917, andthe date upon which peace is finally concluded withthe German Government and its allies, or soldiers,sailors and marines who served in the Army, Navy,or Marine Corps of the United States in any otherforeign war, insurrection or expedition, which ser-vice shall be governed by the issuance of a campaignbadge by the government of the United States ofAmerica. and the indigent wives,-widows and minorchildren of such indigent or deceased soldiers, sailorsand marines, to be disbursed for such relief by suchboard of county commissioners.

SEC. 8. That section 6247 Pierce's Code (8920of Rem. & Bal. Code) be amended to read as follows:

Section 6247. Any post of the Grand Army ofPayment of the Republic, camp of United Spanish War Veterans,rent of post Saih veasor camp. Veterans of Foreign Wars or post of the American

Legion which has qualified to accept relief from theIndigent Soldiers' Relief Fund of any county maydraw upon said county fund for the payment of therent of its regular meeting place: Provided, Thatno post or camp shall be allowed to draw on suchfund for this purpose to exceed the sum of one hun-dred dollars in any one year, or in any amount forhall rental where said post or camp is furnishedquarters by the state or by any municipality.

Before such claims are ordered paid by thecounty commissioners, the commander of such postsshall file a proper claim each month with the countyauditor for such rental.

SEc. 9. This act is necessary for the immediateEmergency. preservation of the public peace, health, and safety

and shall take effect immediately.Passed the House February 8, 1921.Passed the Senate February 24, 1921.Approved by the Governor March 3, 1921.


SESSION LAWS, 1921.

* CHAPTER 42.[S. B. 45.]

OFFICIAL COURT REPORTER.

AN ACT relating to an act providing for the appointment of officialcourt reporters in the State of Washington, prescribing theirduties, oath of office, and qualifications, and providing fortheir compensation and the manner of their appointment, andamending section 1 of Chapter 126 of the Laws of 1913.


SECTION 1. That Section 1 of Chapter 126 of theLaws of 1913 be amended to read as follows:

Section 1. It shall be the duty of each superior superior

cour tocourt judge in counties or judicial districts in the appoint.

State of Washington having a population of overtwenty-seven thousand inhabitants to appoint astenographer to be attached to the court holden byhim (except, for the sake of economy, where in coun-ties or judicial districts having more than one judgethere is not sufficient trial work to require the ser-vices of two or more official reporters, the judges ofsuch courts may, provided their trial dockets canbe satisfactorily arranged so as not to delay thetrials of cases, appoint one official reporter jointlyto act as official reporter for their respective courts),who shall have had at least three years' experienceas a skilled, practical court reporter, or who uponexamination shall be able to report and transcribeaccurately one hundred fifty words per minute ofthe judge's charge or one hundred seventy-fivewords of testimony for five consecutive minutes;said test of efficiency, in the event of inability tomeet the qualifications as to length of time of ex-perience, to be given by a committee of three of theattorneys of the county or district in which the saidstenographer is seeking to act as official reporter, and

Ch. 42.] 147

such stenographer shall thereupon become an officerof the court and shall be designated and known asthe official reporter for the court or district for whichhe is appointed. Each official reporter so appointedshall hold office during the term of office of the judgeappointing him, but may be removed for incom-petency, misconduct or neglect of duty, and beforeentering upon the discharge of his duties shall1 takean oath to perform faithfully the duties of his office,and file a bond in the sum of two thousand dollars($2,000) for the faithful discharge of his duties. Noperson shall be appointed to the office of official re-porter who is not a citizen of and a duly qualifiedelector in the State of Washington.

Passed the Senate January 27, 1921.Passed the House February 23, 1921.Permitted to become a law without the signature of the Gov-


Secretary of State.


DELINQUENT CHILDREN.

AN ACT relating to the welfare of dependent and delinquent chil-dren, and amending section 595 Pierce's Code.


SECTION 1. That section 595 Pierce's Code (1987-3of Rem. & Bal. Code) be amended to read as follows:

Section 595. The court or judge designated asProbation provided in section 594, shall appoint or designateomfcers. one or more discreet persons of good character to

serve as probation officers during the pleasure of thecourt, said probation officers to receive no compen-


SESSION LAWS, 1921.

sation from the public treasury. In case a probationofficer shall be appointed by any court, it shall be theduty of the clerk of the court, if practicable, to notifythe said probation officer in advance when the childis to be brought before said court; it shall be the dutyof said probation officers to make such investigationsas may be required by the court. The probationofficer or officers shall inquire into the antecedents,character, family history, environments and cause ofdependency or delinquency of every alleged depend-ent or delinquent child brought before the juvenilecourt and shall make his report in writing to thejudge thereof, shall be present in order to representthe interests of the child when the case is heard, shallfurnish the court such information and assistanceas the judge may require, and shall take such.chargeof the child before and after the trial as may bedirected by the court. In counties containing twentythousand or more inhabitants when it shall appearthat there is a necessity for such county officer, thecourt may appoint one or more persons to act asprobation officers, and one or more persons who shallhave charge of detention rooms or house of deten-tion, all of whom shall be paid as compensation fortheir services, such sums as may be fixed by the boardof county commissioners, and who shall be paid asother county officers are paid; all probation officersshall possess all the powers conferred upon sheriffsand police officers to serve process and make arrestsfor the violation of any state law or city ordinance,relative to the care, custody, and control of delin-quent and dependent children.

Passed the House January 27, 1921.Passed the Senate February 23, 1921.Permitted to become a law without the signature of the Gov-


Secretary of State.

Ch. 43.] 149

SESSION LAWS, 1921.

CHAPTER 44.[H. 13. 120.1

EDUCATION.

AN ACT relating to the attendance of high school pupils in ad-joining districts and providing for the payment of tuitiontherefor, and amending section 4982 Pierce's Code.


SECTION 1. That section 4982 Pierce's Code (4484of Rem. & Bal. Code) be amended to read as follows:

Section 4982. Any board of directors shall haveTuition power to make arangements with adults wishing tochargedadults and attend school, or with the directors of another dis-pupils ofetherit trict, for the attendance of such children, in the

school of either district as may be best accommo-dated therein: Provided That in case such arrange-ments are not made or children from school districtsnot adjoining desire to attend school in their dis-trict they may charge reasonable tuition for suchattendance: Provided further, That all such moneycollected by any school district officer for the use ofthe district shall, within thirty days after the dateof its collection, be turned over to the county treas-urer and placed to the credit of the district: Pro-vided further, That the board of directors of anyschool district in the state in which a high schoolis maintained, and which lies adjacent to the bound-ary of a school district in another state in which nohigh school is maintained, may make arrangementswith the officers of the district of the other state forthe attendance of any high school pupils residing insuch outside district upon the payment of tuitiontherefor: Provided, That the provisions of this sec-tion shall not apply unless the laws of the other statepermit its districts to extend similar privileges topupils resident in the State of Washington. In the

150 [Ch. 44.

SESSION LAWS, 1921.

event that any pupils residing in a WashingtonSchool District, which maintains no high school andwhich is adjacent to the school district of anotherstate, shall desire to attend high school in such dis-trict in the other state, the board of directors of theWashington district shall have power to arrangefor, and pay tuition for their attendance in the dis-trict of the other state and to pay such expense fromthe funds of the district. Provided further, Thereimbursement of a high school district for cost ofeducating high school pupils for a non high schooldistrict, as provided for in this act, shall not bedeemed a tuition charge as affecting the apportion-ment of current state school funds provided for inSection 5072 Pierce's Code, 4568 of Remington &Ballinger's Annotated Codes and Statutes.


CHAPTER 45.[S. B. 196.]

APPROPRIATION FOR CARRYING OUT VETERANS' EQUAL-IZED COMPENSATION ACT.

AN ACT making an appropriation for salaries, clerk hire, supplies,materials and services in carrying out the provisions of chap-ter I, laws of the extraordinary session of 1920, and declaringthat this act shall take effect immediately.


SECTION 1. That there is hereby appropriated Appropria-

out of the general fund of the state treasury, for the $5,000.00

state auditor, the sum of five thousand dollars ($5,-000) or so much thereof as may be necessary, forsalaries, clerk hire, supplies, materials and services

Ch. 45]1 151

in carrying out the provisions of chapter I, laws ofthe extraordinary session of 1920: Provided, Thatthe amount herein appropriated, or so much thereofas shall be expended, shall be repaid to and depositedin the general fund of the state treasury from thefirst funds received and deposited in the veterans'compensation fund.

SEC. 2. This act is necessary for the support ofEmergency. the state government and its existing public institu-

tions and shall take effect immediately.Passed the Senate February 26, 1921.Passed the House March 2, 1921.Approved by the Governor March 8, 1921.


STATE NAUTICAL SCHOOL.

AN ACT to repeal chapter 20, Laws of 1917, entitled "An Act pro-viding for a state nautical school and for the governmentand maintenance thereof."


SECTION 1. That chapter 20, Laws of 1917, en-Abolish- titled "An act providing for a state nautical school,ment.

and for the maintenance thereof," be and the same ishereby repealed.

Passed the Senate February 17, 1921.Passed the House March 2, 1921.Approved by the Governor March 8, 1921.


SESSION LAWS, 1921.

CHAPTER 47.[H. B. 107.]

SENATORIAL AND REPRESENTATIVE DISTRICTS.

AN ACT relating to -and changing the boundary lines of the fifthsenatorial and fourth representative, and the fourth sena-torial and third representative districts in Spokane County.


SECTION 1. That sections 2, 3, 10 and 11 in town- Change ofboundaries.

ship 26 north, range 44. east of the Willamette Merid-ian in Spokane county, be and the same are herebytaken from the area in the fifth senatorial and thefourth representative districts, and be and the sameare hereby added to, made a part of, and incorpo-rated into the area of Foothills precinct in the fourthsenatorial and third representative districts.

Passed the House February 26, 1921.Passed the Senate March 2, 1921.Approved by the Governor March 8, 1921.

CHAPTER 48.[H. B. 154.1

STATE HOSPITALS FOR THE INSANE.

AN ACT relating to the observation, maintenance, care, treatmentand custody, in the state hospitals for the insane, of personsentitled thereto, or requiring the same, at the expense of theUnited States, and authorizing contracts therefor.


SECTION 1. The director of business control shall Contracts

have the power, in the name of the state, to enter into govenment.

contracts with any duly authorized representative ofthe United States government providing for the ad-

Ch. 47-48.1 153

mission to, and the separate or joint observation,maintenance, care, treatment and custody in, thestate hospital for the insane, of persons entitled to,or requiring the same, at the expense of the UnitedStates, and contracts providing for the separate orjoint maintenance, care, treatment and custody ofsuch persons committed to such hospitals in the man-ner provided by law, and to execute and performsuch contracts, which contracts shall provide that allpayments due the state of Washington from theUnited States, for service rendered under said con-tracts, shall be paid into the state treasury and cov-ered into the state institutional revolving fund, tothe credit of the institution furnishing the service.

SEC. 2. Until such time as the director of businessExercise of control shall be appointed and qualified, and assumeduties. and exercise the duties of his office, the state board of

control shall have the power to perform, in the nameof the state, all things authorized by the provisionsof this act.

SEC. 3. This act is necessary for the immediateEmergency preservation of the public peace, health and safety

and the support of the state government and its ex-isting public institutions and shall take effect im-mediately.


[Ch. .48.154 SESSION LAWS, 1921.

SESSION LAWS, 1921.

CHAPTER 49.[H. B. 158.1

APPOINTIVE STATE OFFICERS AND EMPLOYEES.

AN ACT relating to the salaries and compensation of appointivestate officers and employees and declaring that this act shalltake effect immediately.


SECTION 1. Wherever the salary or compensation Change ofcompensa-

of any appointive state officer or employee is fixed by tion.

statute, it may be hereafter increased or decreased inthe manner provided by law for the fixing of the sal-aries or compensation of other appointive state of-ficers or employees: Provided, however, That theprovisions of this act shall not apply to the salary ofthe directors of departments provided for in chapter7 of the Laws of 1921.


the state government and its existing public institu-tions and shall take effect immediately.


Ch. 49.1 155

SESSION LAWS, 1921.


ALIENS.

AN ACT relating to the rights and disabilities of aliens with re-spect to lands, providing for forfeitures in certain cases, pre-scribing penalties, and repealing sections 135 and 136 Pierce'sCode, 8775 and 8776 of Remington and Ballinger's AnnotatedCodes and Statutes of Washington.


Definitions. SECTION 1. In this act, unless the context other-wise requires,

(a) "Alien" does not include an alien who has ingood faith declared his intention to become a citizenof the United States, but does include all other aliensand all corporations and other organized groups ofpersons a majority of whose capital stock is owned orcontrolled by aliens or a majority of whose membersare aliens;

(b) "Land" does not include lands containingvaluable deposits of minerals, metals, iron, coal orfire clay or the necessary land for mills and ma-chinery to be used in the development thereof andthe manufacture of the products therefrom, but doesinclude every other kind of land and every interesttherein and right to the control, possession, use, en-joyment, rents, issues or profits thereof except amortgage and except a right to the possession, use orenjoyment of land for a period of not more than tenyears for a purpose for which an alien is accordedthe use of land by a treaty between the United Statesand the country whereof he is a citizen;

(c) "Land" also includes any share or interestin a corporation or other organized group of personsdeemed an alien in this act which has title to landeither heretofore or hereafter acquired;

156 [Ch. 50.

SESSION LAWS, 1921.

(d) To "own" means to have the legal or equit-able title to or the right to any benefit of;

(e) "Title" includes every kind of legal or equit-able title;

(f) Ownership of or title to land acquired by in-heritance or in good faith either under mortgage orin the ordinary course of justice in the collection ofdebts, or acquired by a female citizen afterwards ex-patriated by marriage to an alien, is excluded;

(g) "Inheritance" includes devise;(h) "Mortgage" includes every kind of lien upon

land;(i) A mortgage of land under which an alien is

entitled before default to any control, possession, use.or enjoyment of the land, is an absolute conveyance;and

(j) "Person" includes an individual, partner-ship, corporation or any other organized group ofpersons.

SEC. 2. An alien shall not own land or take or Restrictionsas to land.hold title thereto; No person shall take or hold landor title to land for an alien. Land now held by or foraliens in violation of the constitution of the state isforfeited to and declared to be the property of thestate. Land hereafter conveyed to or for the use ofaliens in violation of the constitution or of this actshall thereby be forfeited to and become the propertyof the state.

SEC. 3. An alien is not qualified to be trustee un- Fiduciaryrestrictions.der a will, executor, administrator or guardian, if

any part of the estate is land: Provided, An aliennow lawfully acting in any such capacity may con-tinue for not more than two years.

SEC. 4. If hereafter an alien acquire land by in- Landacquired by

heritance or in good faith either under mortgage or inheritance,

in the ordinary course of justice in the collection ofdebts and, remaining an alien, hold the same for

Ch. 50.] 157

more than twelve years from the date title was so ac-quired or control or possession taken, the land shallbe forfeited to the state.

SEc. 5. If an alien, claiming or holding under aLimitations mortgage, has control, possession, use or enjoymentmortgagee. of the mortgaged land, the obligation secured by the

mortgage shall be deemed matured and the mortgageshall be foreclosed; and if the land be not sold underforeclosure within three years after the alien has ob-tained control, possession, use or enjoyment, themortgage and the obligation thereby secured shall beforfeited to the state and shall be foreclosed for theuse of the state.

SEC. 6. Unless an alien who has declared his in-Citizenship. tention to become a citizen of the United States be ad-

mitted to citizenship within seven years after his dec-laration was made, it shall be presumed that he de-clared his intention in bad faith.

Crimes SEC. 7. Whoeverenumerated.

(a) Knowingly transfers or conveys land or titleto land to an alien; or

(b) Knowingly takes land or title to land in trustfor an alien; or

(c) Holding in trust for an alien land or title toland, either heretofore or hereafter acquired, failsfor thirty days after acquiring knowledge or noticethat he holds in trust for an alien to disclose the factto the attorney general or the prosecuting attorneyof the county where the land is situated; or

(d) Being an alien and having title to land or con-trol, possession, use or enjoyment of land, whetherheretofore or hereafter acquired, refuses to discloseto the attorney general or the prosecuting attorneyof the county where the land is situated the natureand extent of his interest in and title to the land; or

(e) Being an officer or agent of a corporation orother organized group of persons which has title to


SESSION LAWS, 1921.

land or control, possession, use or enjoyment of land,whether heretofore or hereafter acquired, refuses todisclose to the attorney general or the prosecuting at-torney of the county where the land is situated thenature and extent of the interest of persons not citi-zens of the United States in the corporation or otherorganized group of persons; or

(f) Being an officer or agent of a corporation orother organized group of persons which holds intrust for an alien title to land or control or possessionof land, whether heretofore or hereafter acquired, re-fuses to disclose to the attorney general or the pros-ecuting attorney of the county where the land is sit-uated the nature and extent of the alien's interest inand title to the land; or

(g) Wilfully counsels, aids or abets another inviolating or evading this act,

Is guilty of a gross misdemeanor.

SEC. 8. It shall be the duty of the attorney gen- Enforcement

eral and of the prosecuting attorneys of the several act.

counties to enforce this act, and of the attorney gen-eral to direct and control its enforcement.

SEC. 9. Property forfeited to the state by this act Forfeitures.

shall inure to the permanent common school fund andbe managed and disposed of accordingly.

SEC. 10. This act shall not impair any title or Scope of act.

right heretofore or hereafter acquired from or de-rived through an alien in good faith and for valueby a person not under an alien's disability.

SEC. 11. If any section or provision of this act Partial

shall be adjudged to be invalid or unconstitutional, invalidity.

such adjudication shall not effect the validity of theact as a' whole or any section, provision, or partthereof not adjudged invalid or unconstitutional.

SEC. 12. Sections 135 and 136 Pierce's Code, 8775 Repealingclause.and 8776 of Remington and Ballinger's Annotated.

Ch. 50.] 159

[Ch. 51.

Codes and Statutes of Washington are hereby re-pealed.



INHERITANCE TAX.

AN ACT relating to the taxation of inheritances and amendingsection 7052 Pierce's Code.


SECTION 1. That Section 7052 Pierce's Code(chapter 146 Laws 1917) be amended to read as fol-lows:

Section 7052. All bequests and devises of proper-

Eofaitabe ty within this state when the same are for one of theeuss and following charitable purposes, namely, the relief of

the aged, indigent and poor people, maintenance ofsick or maimed, the support or education of orphansor indigent children, and all bequests and devisesheretofore made to the state of Washington or to anycounty, city, school district or other municipal cor-poration therein for eleemosynary, charitable, edu-cational or philanthropic purposes, and all bequestsand devises made to schools and colleges in the statesupported in whole or in part by gifts, endowmentsor charity, the entire income of which said school orcollege, after paying the expenses thereof, is devotedto the purposes of such institution and which is opento all persons upon equal terms, shall be exempt fromthe payment of any inheritance tax and any propertyin this state which has been devised or bequeathed

SESSION LAWS, 1921.160

SESSION LAWS, 1921.

for such purposes and upon which a state inheritancetax is claimed or is owing is hereby declared to be ex-empt from the payment for such tax.



DRAINAGE DISTRICTS.

AN ACT relating to drainage districts, the election and terms ofoffice of commissioners thereof, and amending section 1947-6Pierce's Code.


SECTIoN 1. That section 1947-6 Pierce's Code(section 4142 Rem. & Bal. Code) be amended to readas follows:

Section 1947-6. A general election for the elec- General

tion of a board of drainage commissioners of such eleetion.

district shall be held upon the first Tuesday after thefirst Monday in March, 1922, and annually thereafter.The term of office of commissioners shall be for threeyears and until their successors are elected and quali-fied, but of the commissioners elected at the first elec-tion held under the provisions of this act the commis-sioner receiving the highest number of votes shallhold office for three years. The commissioner receiv-ing the second highest number of votes shall hold of-fice for two years, and the commissioner receiving thethird highest number of votes shall hold office for oneyear. The term of office shall begin on the first Mon-day of the following April, and such election shall beheld in accordance with the general election laws ofthe state of Washington for the election of county

Ch. 52.] 161

and state officers, and the expenses thereof shall bedefrayed by said district, and the judges, clerks andinspectors of said election shall each receive as com-pensation for the services rendered at such electionthe sum of two dollars per day: Provided, That atleast thirty days' notice immediately preceding anysuch general election shall be given thereof by theboard of commissioners of such drainage district, byposting the same in four public places within saiddistrict. Said notice shall contain the names of twoelectors of said district as judges of said election andthe name of one elector of said district as inspectorthereof, the same to be chosen by said board of com-missioners. Said board of commissioners shall be acanvassing board to canvass the vote of each elec-tion, and they shall meet the day following such elec-tion and canvass said votes and declare the resultthereof and issue certificates of election.

Passed the House February 9, 1921.Passed the Senate March 2, 1921.Approved by the Governor March 8,1921.

CHAPTER 53.[H. B. 190.1

PREVENTION OF PROCREATION.

Ax ACT to prevent the procreation of feeble minded, insane, epi-leptic, habitual criminals, moral degenerates and sexual per-verts, who may be inmates of institutions maintained by theState, authorizing and providing for the sterilization of per-sons with inferior hereditary potentialities and providing forappeals to the Superior Courts in certain cases.


Superintend- SECTION 1. It shall be and is hereby declared theents of

intutns duty of the superintendents of all state institutionsto makereports. having the care of individuals held in restraint to re-

SESSION LAWS, 1921. [Ch. 53.1,62

SESSION LAWS, 1921.

port quarterly' to the institutional Board of Health,.all feeble minded, insane, epileptic, habitual crim-inals, moral degenerates and sexual perverts, whoare persons potential to producing offspring who, be-cause of inheritance of inferior or anti-social traits,would probably become a social menace or wards ofthe State.

SEC. 2. It shall be the duty of the Institutional Sterlizationauthorized.

Board of Health to examine into the innate traits,the mental and physical conditions, the personal rec-ords, and the family traits and histories of all per-sons so reported so far as the same can be ascer-tained, and for this purpose said board shall havethe power to summon witnesses, and any member ofsaid Board may administer an oath to any witnesswhom it is desired to examine; and if in the judgmentof a majority of the said Board procreation by anysuch person would produce children with an inheritedtendency to feeble mindedness, insanity, epilepsy,criminality or degeneracy, and there is no probabil-ity that the condition of such person so examinedwill improve to such an extent as to render procrea-tion by any such person advisable, or if the physicalor mental condition of any such person will be sub-stantially improved thereby, then it shall be the dutyof said Board to make an order directing the super-intendent of the institution in which such inmate isconfined to perform or cause to be performed uponsuch inmate such a type of sterilization as may bedeemed best by said Board.

SEc. 3. The purpose of said investigation, find- urpose.

ings and orders of said board shall be for the better-ment of the physical, mental, neural, or psychic con-dition of the inmate, or to protect society from themenace of procreation by said inmate, and not in anymanner as a punitive measure; and no person shallbe emasculated under the authority of this act except

Ch. 53.] 1.6.

that such operation shall be found to be necessaryto improve the physical, mental, neural or psychiccondition of the inmate.

SEc. 4. After fully inquiring into the conditionNotice or of each of such inmates said board shall make separ-order.

ate written findings for each of the inmates whosecondition has been examined into, and the same shallbe preserved in the records of said board, and a copythereof shall be furnished to the superintendent ofthe institution in which the inmate is confined, andif an operation is deemed necessary by said board,then a copy of the order of said board shall forthwithbe served on said inmate, or in the case of an insaneperson, upon his legal guardian, and if such insaneperson have no legal guardian then upon his nearestknown kin within the State of Washington, and ifsuch insane person have no known kin within theState of Washington, then upon the custodial guard-ian of such insane person.

SEC. 5. Any such inmate desiring to appeal fromAppeal, the decision of said board, or in the case the person

is under guardianship or disability, then the guar-dian of said inmate may take an appeal into thesuperior court of the county in which the institutionin which the inmate is confined, is located. An in-formal notice of appeal filed with the secretary ofsaid board. either by the inmate or someone in hisbehalf, shall be all that is necessary to make the ap-peal: Provided, Said notice shall be filed withinfifteen days of the date when notice of the board'sdecision is served on the inmate or his guardian, andsaid notice of appeal shall stay all proceedings ofsaid board on said matter until the same is heardand determined on said appeal: Provided, further,That no operation shall be performed, upon any in-mate until the time for appeal from the decision ofthe board has expired.


SESSION LAWS, 1921.

SEc. 6. Upon an appeal being taken, the secre- rIee

tary of said board where the notice of appeal is filed,must within fifteen days thereafter, or such furthertime as the court or the judge thereof may allow,transmit a certified copy of the notice of appeal andtranscript of the proceedings, findings and order ofthe board, to the clerk of the court appealed to. Thetrial shall be a trial de novo at law as provided bythe statutes of the state, for the trial of actions atlaw. Upon such appeal, if the inmate be withoutsufficient financial means to employ an attorney, thenthe court shall appoint an attorney to represent thesaid inmate, and such attorney shall be compensatedby the state upon order of the court; and it shall bethe duty of the district attorney of the couhty where-in such trial is had to represent the said board.

SEc. 7. If the court or jury shall affirm the find- Entry ofjudgment.

ings of said board, said court shall enter a judgment,adjudging that the order of said board shall be car-ried out as herein provided; if the court fail to affirmthe decision of said board appealed from, then saidorder shall be null and void and of no further effect.

SEC. 8. Upon the receipt of the order from the Operations

Institutional Board of Health, the superintendentof the institution to which it is directed shall, afterthe time for appeal has expired, or in case of appealupon the entering of a judgment affirming the orderof the board, and it is hereby made his lawful duty,to perform, or cause to [be] performed such surgicaloperation as may be specified in the order of the In-stitutional Board of Health. All such operationsshall be performed with a due regard for the physicalcondition of the inmate and in a safe and humanemanner.

SEc. 9. No surgeon performing the operation lbn

provided for in the preceding section under the direc-tion of the superintendent, or other officer in charge

Ch. 53.] 165

of such institution, shall be held criminally liabletherefor or civilly liable for any loss or damage onaccount thereof, except in case of negligence in theperformance of such operation.

SEC. 10. The criminals who shall come withinPersons the operation of this law shall be those who haveaffected.

been convicted three or more times of a felony andsentenced to serve in the penitentiary therefor.

Moral degenerates and sexual perverts are thosewho are addicted to the practice of sodomy or thecrime against nature, or to other gross, bestial andperverted sexual habits and practices prohibited bystatute.

SEc. 11. The provisions of this act shall apply toSex. both male and female inmates of any of the institu-

tions designated herein.SEc. 12. The state shall be liable, under this act,

Expense. only for the actual traveling expenses of the mem-bers of the board incurred in the performance oftheir duties, and the actual and necessary expenseincident to the investigations of said board and anappeal therefrom, which shall be paid upon voucherssigned by the person receiving such compensationand expense from the moneys appropriated for themaintenance of the institution where such examina-tion is held.



SESSION LAWS, 1921.

CHAPTER 54.[S. H. B. 83.]

VALIDATION OF INDEBTEDNESS OF SIXTH CLASSCOUNTIES.

AN ACT relating to the validation of certain warrants and otherevidences of indebtedness on the part of counties of the sixthclass, issued in excess of legal authority, and providing forthe funding of such indebtedness.


SECTION 1. Any county of the sixth class may, Ratificationylauthorized.

in the manner prescribed by this act, ratify the at-tempted incurring of any indebtedness by suchcounty, by the issuing of warrants, making of con-tracts, or creating of other evidences of indebtednesson the part of such county, when the only ground ofinvalidity of such indebtedness to be so ratified isthat, at the time of the attempted incurring thereof,the same, together with other existing indebtednessof such county within the one and one-half per centlimitation on county indebtedness exceeded such limi-tation as ascertained by the last assessment for stateand county purposes previous to the attempted in-curring of such indebtedness, and that the incurringof such indebtedness was so attempted without theassent of three-fifths of the voters of the county vot-ing at an election held for that purpose.

SEC. 2. Whenever the board of county commis- Resolutionfor ratifica-

sioners of any such county, shall deem it advisable tion.

that the ratification authorized by this act shall beobtained, they shall provide therefor by resolution,which shall specify separately the amount of eachdistinct class of such indebtedness to be so ratified,the date or period of the attempted incurring by thecorporate authorities of each separate class thereof,and the general nature of the indebtedness composed

1(6'Ch. 54.]

in each distinct class and shall provide for the hold-ing of a special election for that purpose, at whichthe attempted incurring of such indebtedness siallbe submitted to the voters of such.county, for ratifi-cation or rejection. Notice of such election shall beprovided for in such resolution, and shall be givenby publishing the same in a newspaper published insuch county, once a week for at least four successiveweeks. Each distinct class of such indebtedness sospecified shall be the subject of a distinct vote infavor of or against ratification thereof, and suchvote shall designate the class of indebtedness re-ferred to by the description thereof used and theamount specified in the resolution.

SEC. 3. If at any election held as provided for inScope of act. section two of this act, three-fifths of the voters of

such county, voting at such election, shall vote infavor of the ratification of any distinct class of suchindebtedness, then such indebtedness shall therebybecome and is hereby declared to be validated and abinding obligation upon such county. Nothing in thisact contained nor the vote cast at any such electionshall be deemed to validate or authorize any indebted-ness, which, together with all other indebtedness ofsuch county, existing at the time of the attemptedincurring of the same exceed any constitutional limi-tation of indebtedness which might be incurred withthe assent of three-fifths of the voters in such county.Provided, That this act shall apply only to indebted-ness attempted to be incurred prior to the passagethereof.

SEC. 4. Whenever the board of county commis-Bonds sioners of any such county shall submit to the votersauthorized.

the question of ratifying any indebtedness as pro-vided in this act, they may at the same time submitthe question whether the corporate authorities shallbe authorized to fund such indebtedness by the issu-ance and sale of the general negotiable bonds of such


SESSION LAWS, 1921.

county. The question of ratifying the indebtednessand the question of authorizing the funding thereofmay, in the discretion of the county commissioners,be submitted as one question, or the question ofratifying and the question of authorizing the fund-ing of the indebtedness may be separately submitted.In either event an affirmative vote of three-fifths ofthe voters voting upon said proposition at such elec-tion shall be necessary to carry such proposalswhether separately or jointly submitted. It shall belawful to fund the principal and accrued interest ofthe indebtedness so ratified. If the proposal toauthorize the funding of the indebtedness shall carry,the corporate authorities in their discretion mayissue and sell the bonds of the county, to the amountso authorized, in the manner and upon the terms andconditions now provided by law for the issuance,sale and redemption of like bonds of such county.


CHAPTER 55.[S. B. 149.1

LOGGING RIGHT OF WAY OVER STATE LANDS.

AN ACT relating to rights of way for logging purposes over statelands and amending section 6394 Pierce's Code, section 6831of Remington & Ballipger's Annotated Codes and Statutes ofWashington.


SECTION 1. That section 6394 Pierce's Code, Sec-tion 6831 of Rem. & Bal. Code be amended to readas follows:

Section 6831. Any person, corporation or associa- R owa

tion engaged in the business 6f logging and lumber-

Ch. 55.] 169

ing shall have a right of way over public lands whennecessary, for the purpose of hauling or removingtimber or ties from other lands. Before, however,any such right of way grant shall become effective,a written application for and a plat showing the loca-tion of such right of way, with reference to the ad-joining lands, shall be filed with the board of stateland commissioners, and all timber on said right ofway, together with the damages to said lands, shallbe appraised by said board and paid for in cash bythe person, corporation or association applying forsuch right of way. The board of state land commis-sioners shall then cause to be issued in duplicate tosuch person, corporation or association a right ofway certificate setting forth the conditions and termsupon which such right of way is granted. When-ever said right of way shall cease to be used, fora period of two years, for the purpose for which itwas granted, it shall be deemed forfeited, and saidright of way certificate shall contain such a pro-vision: Provided, That any rights of way for log-ging purposes heretofore issued which have neverbeen used, or have ceased to be used, for a periodof two years, for the purpose for which they weregranted, shall be deemed forfeited and shall becancelled upon the records in the office of the com-missioner of public lands. One copy of each certifi-cate shall be filed in the office of the commissionerof public lands and one copy delivered to the appli-cant. The forfeiture of said right of way, as hereinprovided, shall be rendered effective by the mailingof a notice of such forfeiture to the grantee thereofto his last known post office address and by stampingthe copy of said certificate in the office of the com-missioner of public lands cancelled and the date ofsuch cancellation. For the issuance of such certifi-


SESSION LAWS, 1921.

cate the same fee shall be charged as provided inthe case of certificates for railroad rights of way.



VICTORY AND ADMISSION DAY.

AN ACT establishing a day for the observance by the public schoolsas "Victory and Admission Day," and prescribing for theteachers of the public schools and county superintendents ofschools and the state superintendent of public instruction cer-

* tain duties in relation thereto.


SECTIONT 1. The 11th day of November each year, Schools to

or the Friday preceding when such 11th of Novem- observe.

ber falls upon a non-school day, shall be suitablyobserved in all of the common and high schools ofthe state and shall be known as "Victory and Admis-sion Day."

SEC. 2. For the proper observance of this day, Program or

it shall be -the duty of each teacher in the public exercises.

schools of this state, or principal in charge of theschool building, to prepare and, in co-operation withthe pupils in his charge, present a program of exer-cises of at least sixty minutes in length, setting forththe part taken by the United States and the State ofWashington in the world war for the years 1917 and1918, and the principles for which the allied nationsfought, and the heroic deeds of American soldiersand sailors, the leading events in the history of ourstate and of Washington Territory, the characterand struggles of the pioneer settlers and other topics

Ch. 56.] 171


tending to instill a loyalty and devotion to the in-stitutions and laws of our state.

SEc. 3. It is hereby made the duty of the stateAidn superintendent of public instruction and of the

county superintendent of schools, by advice and sug-gestions, to aid in the suitable observance of "Vic-tory and Admission Day."


CHAPTER 57.IS. B. 148.1

STATE TIDE LANDS.

AN ACT relating to state tide lands and certificates of purchaseissued therefor and providing for cancellation of such cer-tificates.


SECTION 1. The State Treasurer is hereby di-Treasurer's rected to prepare and transmit to the Commissionerstatement of fPbipromissory of Public Lands a statement and certificate showingnotes. any and all promissory notes now in his possession

and unpaid, which were received by him in paymentof the purchase price of state tide lands under the actof the legislature approved March 26, 1890; saidstatement and certificate shall show the amounts anddates of any payments on such notes.

SEc. 2. If, upon receipt of such statement andCancellation certificate from the State Treasurer, it shall appearof certifi- ,apacates of that any tide land certificate of purchase, issued un-purchase.

der the provisions of said act of March 26, 1890, orany promissory note given in payment of said certifi-cate, has not been paid, such certificate is hereby

SESSION LAWS, 1921.

cancelled and the Commissioner of Public Lands ishereby authorized and directed to cancel such certifi-cates on his records, and thereafter any tide landsembraced in such certificate shall be and become sub-ject to sale or lease as other tide lands of the state.

SEC. 3. Upon cancellation of any certificate for Cancenatonof notes.

the purchase of tide lands, as herein provided, forwhich any promissory notes have been given andwhich notes are in possession of the State Treasurer,the Commissioner of Public Lands shall notify theState Treasurer of such cancellation and the datethereof, and the State Treasurer shall thereupon en-dorse upon any note given in payment of such cer-tificate the fact of such cancellation and the datethereof under the provisions of this act.


CHAPTER 58.[S. B. 521

FISHING RIGHTS TO YAKIMA INDIANS.

AN ACT providing for the regulation of fishing at Prosser Falls,in the Yakima River, in Benton County, State of Washing-ton, by Indians of the Yakima Nation, claiming rights undera certain treaty made with the United States on June 9,1855, and by any other person.


SECTION 1. To obviate difficulties arising out of Fishing atProsser

the conflict existing between certain state laws and a Falls.

certain treaty made by Governor Isaac I. Stevens,acting for the United States Government, with cer-tain tribes of Indians known as the Yakima Nation,the state fish commission is hereby empowered to

Ch. 58.] 173

make regulations under which Indians belonging tothe Yakima Nation may fish at Prosser Falls, in theYakima River, State of Washington, under con-ditions not otherwise permitted by the laws of theState of Washington, so that any Indian belongingto any tribe of the Yakima Nation, who has main-tained his tribal relations and who resides within thisstate, may take salmon or other food fish, by anyreasonable means, at any time, at said Prosser Falls,for the use of himself and family, but this right isnot to extend to others than such Indians: Provided,That any other person may take food fish with hookand line for the use of himself and family at allreasonable times at the above mentioned place, underthe rules and regulations prescribed by the statefish commission.

Passed the Senate February 3, 1921.Passed the House February 16, 1921.Vetoed by the Governor March 9, 1921.Passed over veto of the Governor by the Senate

March 9, 1921.Passed over veto of the Governor by the House

March 10, 1921.

SESSION LAWS, 192L.-1-74 LCh. 58.

-SESSION LAWS, 1921.

CHAPTER 59.CH. B. 174.]

CERTIFICATES OF PUBLIC NECESSITY.

AN ACT to amend an act entitled "An act relating to public serv-ice properties and utilities, providing for the regulation ofthe same, fixing penalties for the violations thereof, makingan appropriation, and repealing certain acts," the same beingChapter 117 of the Session Laws of 1911, approved by theGovernor, March 18th, 1911, by repealing Section 105 of saidact and by adding thereto a new section. to be designatedSection 74a, to prevent waste by the unnecessary duplicationof public utilities.


SECTION 1. An act entitled "An act relating topublic service properties and utilities, providing forthe regulation of the same, fixing penalties for theviolation thereof, making an appropriation, and re-pealing certain acts," the same being Chapter 117of the Session Laws of 1911, approved by the Gover-nor, March 18, 1911, be and the same is herebyamended by adding thereto a new section designatedsection 74a, as follows:

Section 74a. No public service company or pros- certicateof necessity

pective public service company shall hereafter con- when new

struct, extend or thereafter maintain or operate any oe i

part of its plant, system or facilities for the purpose covered.

of rendering service in a locality wherein similarservice is then being rendered by any other publicservice company in this state, without first applyingfor and obtaining the certificate of public necessityand convenience from the director of public works,as herein provided. Upon the filing of an applica-tion for such certificate the director of public worksshall give reasonable notice in writing to the publicservice conipany then furnishing such service in suchlocality or vicinity of the time and place when suchapplication will be heard, and after hearing and in-

Ch. 59.]1 175

SgSSIoN LAWS, 1921.

vestigation if the director of public works finds fromthe evidence that the public necessity and conven-ience require that such service be furnished by thepublic service company or prospective public servicecompany applying for such certificate, the directorof public works shall by order grant such certificateof public necessity and convenience. Such ordershall specify and define the character, extent andlocation of the service to be furnished under saidcertificate and the time within which such serviceshall be furnished; and any such certificate may berecalled and made null and void in whole or in partby the director of public works in the event that thegrantee of such certificate shall fail to comply withany of the provisions or conditions thereof: Pro-vided, however, That this section shall not be con-strued as requiring such application or certificatefor the extension by any public service company,whether privately or municipally owned or operated,of its physical property or service within thelocality in which such public service company maynow be furnishing similar service to the publicor as requiring such application or certificate forthe construction of additional plants or extensionsof existing plants outside the limits of such localityfor making such service within such locality. Itshall be the duty of the director of public works,either upon his own motion or upon the complaintof any public service company, to enforce theprovisions of this section. Any public service com-pany or prospective public service company mayappeal from any order of the director of public worksrendered under this section in the same manner andunder the same procedure as specified in this act:Provided, however, That the superior court shall re-quire the filing of an adequate supersedeas bond andthe pendency of any writ of review shall stay or sus-

176 [Ch. 59.

SESSION LAWS, 1921.

pend the operation of any order of the director ofpublic works granting such certificate of necessityand convenience: Provided, however, That until suchtime as the director of public -works shall be ap-pointed and qualified and shall assume and exercisethe duties of his office, all of the powers and dutiesimposed upon the director of public works by theprovisions of this act shall be exercised and per-formed by the Public Service Commission of theState of Washington: Provided, further, That noth-ing in this act shall authorize the commission tomake or enforce any order affecting rates, tolls,rentals, contracts or charges or service rendered, orthe safety, adequacy or sufficiency of the facilities,equipment, instrumentalities or buildings, or thereasonableness of rules or regulations made, fur-nished, used, supplied or enforced affecting anywater system owned and operated by any city ortown: Provided, further, That any municipal cor-poration may perfect an appeal without the filing ofa supersedeas bond.

SEc. 2. Section 105 of Chapter 117 of the Session {VetoedLaws of 1911, approved by the Governor March 18th, L. F. H.

1911, be and the same is hereby repealed.

Passed the House, February 23, 1921.Passed the Senate, March 1, 1921.Approved by the Governor with the exception of*

section 2, which is vetoed, March 10, 1921.

Ch. 59.]1 177

SESSION LAWS, 1921.


TAXATION.

AN ACT relating to the assessment of manufactured products andamending Section 6911, Pierce's Washington Code.


SECTION 1. Section 6911 Pierce's WashingtonCode is hereby amended to read as follows:

Section 6911 Pierce's Washington Code. EveryManufac- person who purchases, receives or holds personalturerdefined. property of any description for the purpose of add-

ing to the value thereof by any process of manu-facturing, refining, rectifying, or by the combinationof different materials with the view of making gainor profit by so doing shall be held to be a manufac-turer, and he shall, when required to, make and de-liver to the Assessor a statement of the amount of hisother personal property subject. to taxes, also includein his statement the value of all articles purchased,received or otherwise held for the purpose of beingused in whole or in part in any process or processesof manufacturing, combining, rectifying or refining.Every person owning a manufacturing establish-ment of any kind and every manufacturer shall listas part of his manufacturer's stock the value of allengines and machinery of every description used ordesigned to be used in any process of refining ormanufacturing except such fixtures as have been con-sidered as part of any parcel of real property in-cluding all tools and implements of every kind, useor design to be used for the first aforesaid purpose:Provided, however, That all ore or metal shippedfrom without this state to any smelter or refiningworks within this state while in process of reductionor refinement and for thirty days after the comple-

178 [Ch. 60.

SESSION LAWS, 1921.

tion of said reduction or refinement, shall be con-sidered and held to be property in transit and nontaxable.



ELECTIONS IN CLASS A AND FIRST CLASSCOUNTIES.

AN ACT fixing the time of holding elections, providing for theappointment of election officers and prescribing their duties,and fixing the time of the commencement of terms of mu-nicipal and district officers.


SECTION 1. All county elections in Class A coun- County

ties and counties of the first class, whether general elections.

or special, and whether for the election of countyofficers or for the submission to the voters of anycounty of any question for their adoption and ap-proval or rejection, shall be held on the first Tues-day after the first Monday of November in the yearin which they may be called: Provided, That thissection shall not be construed as fixing the time forholding the elections for the recall of county officersor primary elections.

SEC. 2. That all city, town, township, school City, town,etc., elec-

district, port district, park district, irrigation dis- tions.

trict, dike district, drainage district, drainage im-provement district, diking improvement district,river improvement district, commercial waterwaydistrict, and all other municipal and district elections

Ch. 61.] 179

Whether general or special, and whether for the elec-tion of municipal or district officers or for the sub-mission to the voters of any city, town, township ordistrict of any question for their adoption or ap-proval or rejection, shall be held in Class A countiesand counties of the first class on the first Tuesdayafter the first Monday in May in the year in whichthey may be called: Provided, That this section shallnot be construed as fixing the time of holding elec-tions for the recall of city, town or district officers;and Provided further, That this section shall not beconstrued as repealing the provisions of any charterof a city of the first class providing for the elec-tion of persons receiving a majority of all votes castfor any office at a primary or first election, but suchprimary or first election shall be held two weeksprior to the general election provided for in thissection.

SEC. 3. Nothing in this act contained shall beVacancies in construed as preventing the calling of a special elec-Congress.

tion by the governor to fill a vacancy existing in anystate office or the office of United States senator,representative in Congress, for the senator or mem-ber of the House of Representatives of the State ofWashington, on any other dates than those abovespecified.

SEC. 4. The term of every city, town and districtTerm of officer elected under the provisions of this act shalloffice.

begin on the first Monday in June following his elec-tion: Provided, however, That any person elected tooffice at the first election held under this act shall nottake office until the expiration of the term of officeof his predecessor; and Provided further, That anyperson whose term of office shall expire prior to theholding of the first election under this act, shall con-tinue to hold office until his successor is elected andqualified.


SESSION LAWS, 1921.

SEC. 5. It shall be the duty of the chairman of Pncienthe board of county commissioners, the county oferon etc.auditor and. the prosecuting attorney in Class Acounties and counties of the first class in all city,town and district elections held under th e provisionsof this act to provide places for holding elections,to appoint the election officers, to provide for theircompensation, to provide ballot boxes and ballots orvoting machines, poll books and tally sheets, and de-liver them to the election officers at the polling places,to publish and post notices of calling such elections inthe manner provided by law, and to apportion toeach city, town or district its share of the expenseof such election.

SEC. 6. The election officers herein above pro- Conduct ofelections.

vided for shall conduct such elections and shall re-ceive and deposit ballots cast thereat in the properand respective ballot boxes and shall count said bal-lots and make return thereof to the proper officersof the respective cities, towns and districts in themanner provided by law: Provided, however, Thereshall be but one set of election officials in each pre-cinct.

SEc. 7. At every election held under the provis- Time pollsare open.

ions of this act, the polls shall be kept open fromeight o'clock A. M. to eight o'clock P. m., and all quali-fied electors who shall be inside of the polling placeat eight o 'clock -. M. shall be allowed to cast theirballots at such election.


Ch. 61.1 181

SESSION LAWS, 1921.

CHAPTER 62.[S. S. B. 115.1

FRATERNAL INSURANCE.

AN AcT relating to insurance and amending title XLV of Rem-ington & Ballinger's Annotated Codes and Statutes of Wash-ington, by adding thereto a new section to be known as sec-tion 6059-235 A.


SECTION 1. That titles XLV of Remington & Bal.linger's Code be amended by adding thereto a newsection to be known as Section 6059-235 A to read asfollows:

Section 6059-235 A. Any corporation, society,Wartime and order, or voluntary association operating within theognia- definition set forth in Sections 206, 207, and 208 oftions. this act, organized during the war in which the

United States entered on April 6, 1917, with the pur-poses of assisting the government of the UnitedStates in maintaining and increasing the productionof commodities essential for the prosecution of thatwar, and of developing loyalty to the United States,or whose membership is limited to veterans of thatwar, may be licensed under the provisions of this actand shall have all the privileges and shall be subjectto all the provisions and regulations of this article,except that the provisions of this article requiringdeath benefits of at least one thousand ($1,000.00)dollars, medical examinations, valuations of benefitcertificates, shall not apply to such society, but suchsociety may provide benefits in case of death or dis-ability resulting solely from accidents in an amountnot exceeding one thousand ($1,000.00) dollars andmay also provide for death or funeral benefits, orboth, not exceeding one hundred ($100.00) dollarseach, and for sick or disability benefits not exceed-

182 [Ch. 62.

SESSION LAWS, 1921.

ing five hundred ($500.00) dollars to any one person,in any one year. Any corporation, society, order, orvoluntary association organized under the provisionsof this section shall file with the Insurance Depart-ment a copy of all its rates and policy forms, whichrates and policy forms must be approved by the saidInsurance Department before becoming effective;and all such rates and forms shall be observed bysaid society until amended rates or forms shall havebeen filed with and approved by the said InsuranceDepartment.


CHAPTER 63.[S. B. 192.]

FISHERIES CODE.

AN AcT relating to fisheries, fishing licenses and excise taxes onfish, and amending sections 51 and 52 of chapter 31 of theLaws of 1915, and further amending said chapter 31 of theLaws of 1915 by adding thereto a new section to be knownas section 51a, and declaring that this act shall take effectMarch 31st, 1921.


SECTION 1. That section 51 of chapter 31 of thelaws of 1915 be amended to read as follows:

Section 51. Licenses herein required shall be Issue oflicenses.

issued to any qualified person, firm or corpora-tion, by the director of licenses or his duly authorizeddeputy upon the receipt of a lawful application there-for, upon a blank to be furnished for that purposeaccompanied by the receipt of the state treasurerfor the required fee, and the director of licenses

Ch. 63.] 183

shall cause to be endorsed on such application thenumber of the license issued and the date of issue,and transmit the application to the director of fisher-ies and game. All applications for licenses shall befiled with the state treasurer accompanied by theproper. fees, which shall be respectively as follows:

For each pound net or fish trap license for takingFees salmon at both ends, on Puget Sound, one hundredenumerated.

dollars ($100.00);For each pound net or fish trap license for taking

salmon on Puget Sound, fifty dollars ($50.00);For each first-class pound net or fish trap license

for taking salmon on the Columbia river, twenty-five dollars ($25.00);

For each second-class pound net or fish traplicense, fifteen dollars ($15.00);

(A first-class trap is hereby defined to be a trapon the Columbia river that during the precedingseason caught fish of the value of one thousand dol-lars or more, and a second-class trap, a trap on theColumbia river that caught during the precedingseason fish of the value. of less than one thousanddollars ($1,000.00).

For each pound net or fish trap license for thetaking of salmon.in Willapa and Grays Harbor, fif-teen dollars ($15.00);

For each brush weir license for the taking ofsmelt and herring, twenty-five dollars ($25.00);

For each stationary fish wheel license for the tak-ing of salmon, thirty-five dollars ($35.00);

For each scow fish wheel license for the takingof salmon, twenty-five dollars ($25.00);

For each purse seine license, twenty-seven andfifty one hundredths dollars ($27.50);

For each gill net license for the taking of salmonthe net to be not over 750 feet long, seven and fiftyone-hundredths dollars ($7.50), and for each addi-tional lineal foot in length one cent (1c).


SESSION LAWS, 1921.

(All gill net licenses issued by the State of Ore-gon shall be valid in the concurrent waters of theColumbia river in this state. The director of licenseswhen issuing gill net licenses for the Columbia riverdistrict shall furnish to the fisheries department ofOregon the names of all licensees and the numbersof their licenses.)

For each reef net, five dollars ($5.00);For each drag seine license, three cents per

lineal foot;For each set net license for the taking of salmon,

three and seventy-five one-hundredths dollars($3.75).

For each dip bag net license for the. taking ofsmelt or herring, one dollar ($1.00);

(Any person may use a jigger in the taking ofsmelt or herring for the use of himself and familywithout any license therefor.)

For each smelt drag bag net on Puget Sound notexceeding forty feet in length, one dollar ($1.00);and each additional foot, three cents per lineal foot;

For each license for beam trawl, ten dollars($10.00);

For each license to fish with hook and line forcommercial purposes two dollars ($2.00);

(A hook and line license as herein provided for,when used in salt water, or in the Columbia river,shall permit of the -use of not more than six (6)lines to which may be attached a total of twelve (12)hooks, and all to be operated from a single boat orother floating appliance; when used in fresh water,shall consist of a single hook attached to a singleline, held in the hand.)

For each set line license, one dollar ($1.00);(Not more than one hundred hooks shall be at-

tached to any one set line.)The licenses issued by the director of licenses

for the appliances hereinbefore mentioned shall

Ch. 63.]) 185

SESSION LAWS, 1921.

specify the district wherein the license is to be usedand no license for one district shall be used inanother.

For each license to take crabs, one dollar ($1.00);For each license to take clams and mussels, one

dollar ($1.00);For each license to take oysters from the state

reserves for seed purposes under regulations to bepromulgated annually by the director of fisheries andgame, five dollars ($5.00);

For each person, firm or corporation engaged inthe business of buying and selling, packing and pre-serving, or otherwise dealing in trout or other foodfish obtained from private hatcheries of this state,two and fifty one-hundredths dollars ($2.50);

For each restaurant or hotel keeper serving toguests trout or other food fish obtained from privatehatcheries in this state, one dollar ($1.00);

For each private trout hatchery, twenty-five dol-lars ($25.00);

For each codfish canning or curing establishment,five dollars ($5.00);

For each establishment for the manufacture offertilizer, oil meal, or other by-products from fish,twenty-five dollars ($25.00);

For each person, firm or corporation buying, sell-ing or otherwise dealing in halibut as wholesaler oras a broker, five dollars ($5.00);

For each retail fish dealer, a license fee of onedollar ($1.00);

(A retail dealer is hereby defined to be a personwho sells fish directly to the consumer, whether ornot he is the taker or catcher of the fish. A licenseto take fish in the State of Washington shall not bedeemed to give the right to sell the same at retailwithout a retail license.)

(Ch. 63.186

SESSION LAWS, 1921.

For each fish broker and each wholesale dealerin fish and shell fish, except halibut, ten dollars($10.00);

For each person engaged in freezing, salting,smoking, kippering, preserving fish in ice or other-wise, ten dollars ($10.00);

For each person engaged as a buyer of food fishfor any person, firm or corporation, one dollar($1.00);

(No buyers' license shall be issued except to theperson, firm or corporation engaging the services ofsaid buyer, application for which shall be made uponblanks to be furnished by the director of licenses.

A person engaged as a buyer of food fish forothers is hereby defined to be a person who is en-gaged as the representative of a person, firm or cor-poration licensed as a canner, curer, freezer, whole-sale fish dealer or broker under the laws of the Stateof Washington.

Any person, firm or corporation holding a licenseunder this act as a canner, curer, freezer; wholesaledealer, retail dealer, broker, or their buyers, is here-by authorized to purchase fish.

On the Columbia river, where it forms the bound-ary between the states of Washington and Oregon, afisherman, licensed under the laws of the State ofWashington, may dispose of his catch to a person,firm or corporation, other than those licensed to buyfish under the laws of the State of Washington: Pro-vided, That he reports the number of fish, speciesstated separately, so disposed of, and pays to thetreasurer of the State of Washington the catch andother taxes provided by this act.)

For each person, firm or corporation not licensedby the State of Washington as canners, wholesaledealers, freezers or curers using scows, boats, orother water craft in the buying of fish on the Co-

Ch. 63.] 187

lumbia river, for each scow, boat or other watercraft, a license fee of fifty dollars ($50.00);

(Such licensee of said scow, boat or other watercraft shall give a bond to the State of Washingtonin the amount fixed by the director of fisheries andgame conditioned for the payment to the State ofWashington of catch taxes for the fish which he maypurchase from the owner, operator, or agent of ap-pliances, licensed by the State of Washington.)

For each person, firm or corporation engaged incanning or preserving salmon or other food fish inthe State of Washington, twenty-five dollars($25.00);

For each person, firm or corporation engaged incanning or preserving shell fish in the State of Wash-ington, fifteen dollars ($15.00);

(For the purpose of this act a case of fish is de-fined to consist of forty-eight (48) one pound cans,bottles, or their equivalent in weight.)

No person, firm or corporation shall engage inbusiness as a canner, wholesale fish dealer or retailfish dealer, or fish broker, or engage in the businessof freezing, salting, smoking, kippering, preservingfish in ice or otherwise, without first having procureda license as required by this act.

SEc. 2. That said chapter 31 of the laws of 1915is hereby further amended by adding thereto a newsection to be known as section 51a, to read as follows:

Section 51a. There shall be paid to the treas-Payments in urer of the State of Washington, for the salmonaddition tolicense fees. and other food and shell fish taken from its waters

or from those over which it has jurisdiction, by theperson, firm or corporation catching or taking thesame, and for the salmon and other food fish takenin the waters of the Pacific Ocean off the westernterritorial limits of the State of Washington, by theperson bringing the same into the State of Washing-ton, the sums herein mentioned, which shall be in


SESSION LAWS, 1921.

addition to the licenses and other fees provided bythis act:

For each Chinook salmon caught in the Columbiariver district between the 1st day of January andthe 26th day of August, both dates inclusive, elevencents (11c);

For each Chinook salmon caught in the Columbiariver district from the 27th day of August to the31st day .of December, both dates inclusive, threeand one-quarter cents (3%c);

For each Chinook salmon caught in Grays Har-bor or Willapa Harbor district, four cents (4c);

For each Chinook salmon caught in Puget Sounddistrict, seven and one-half cents (7 c);

For each dog or chum salmon caught, four-fifthsof a cent (4/5c);

For each humpback salmon caught, three-fourthsof a cent (3/c);

For each silver salmon caught, one and one-halfcent (11/ 2c);

For each sockeye salmon caught, two cents (2c);For each steelhead salmon caught, four and one-

third cents (4 1/3c);For each 100 pounds or fraction thereof of razor

clams at the rate of eleven cents (11c) per 100pounds;

For all clams and mussels of all varieties otherthan razor, at the rate of nine cents (9c) per 100pounds;

For all crabs at the rate of six and one-half cents(6Wc) per dozen;

For all shrimp at the rate of fifty-four cents(54c) per 100 pounds;

For all sea bass, at the rate of twenty-six cents(26c) per 100 pounds;

For all carp at the rate of two and one-half cents(2%/oc) per 100 pounds;

Ch. 63.] 189

SESSION LAWS, 1921.

For all black cod at the rate of twenty-two cents(22c) per 100 pounds;

For all ling cod at the rate of thirteen cents (13c)per 100 pounds;

For all rock cod at the rate of thirty cents (30c)per 100 pounds;

For all cod fish, other than black, ling and rock,at the rate of nine cents (9c) per 100 pounds;

For all devil fish at the rate of twenty-six cents(26c) per 100 pounds;

For all dog fish at the rate of forty-three cents(43c) per ton:

For all flounders, at the rate of nine cents (9c)per 100 pounds;

For all halibut, at the rate of forty-three cents(43c) per 100 pounds;

For all herring, at the rate of four and one-halfcents (41/2 c) per 100 pounds;

For all mackerel, at the rate of twenty-two cents(22c) per 100 pounds;

For all salt water perch, at the rate of twenty-six cents (26c) per 100 pounds;

For all red snapper, at the rate of nine cents (9c)per 100 pounds;

For all sable fish, at the rate of twenty-six cents(26c) per 100 pounds;

For all sand-dabs, at the rate of thirty-nine cents(39c) per 100 pounds;

For all shad, at the rate of ten cents (10c) per 100pounds;

For all skates, at the rate of nine cents (9c) per100 pounds;

For all smelt caught in the Columbia river dis-trict, at the rate of three. and one-half cents (31/ 2c)per 100 pounds;

For all smelt caught in the Puget Sound district,at the rate of fifteen cents (15c) per 100 pounds;

1.90 [Ch. 63.

SESSION LAWS, 1921.

For all sole, at the rate of thirteen cents (13c)per 100 pounds;

For each sturgeon caught in the Columbia riverdistrict, seventeen cents (17c);

For each sturgeon caught in Puget Sound, GraysHarbor or Willapa Harbor district, twenty-six cents(26c);

For all Dolly Varden trout, at the rate of fifty-five cents (55c) per 100 pounds;

For all food fish other than those listed, and allfish which may hereafter be classified as food fishby the board of fisheries, at the rate of ten cents(10c) per 100 pounds.

Payment of the foregoing tax for each and everyfish taken or caught shall be made by the persontaking or catching the fish unless the fi~h are soldto some licensed canner, wholesale fish dealer,broker, or person engaged in freezing, salting, smok-ing, kippering, or otherwise preserving fish, or un-less the fish be sold to some other person, firm orcorporation who is required under the laws of theState of Washington to be licensed in order to pur-chase fish in said state, and who by the terms of thisact is made liable to the State of Washington forthe payment of the catch taxes by this act provided.Payment shall be made for the fish caught or takenduring the preceding four months, on March 31st,July 31st, and November 30th of each year.

In case such fish are sold, by the taker or catcher,to a canner, wholesale -dealer, broker, or curer offish, then and in that case the canner, wholesaledealer, broker, or curer of fish purchasing the sameis hereby required to pay said catch tax to the stateat the time of making the report of fish purchasedduring the four months' period preceding March 31,July 31, and November 30 of each year.

It shall be prima facie evidence that fish werecaught within the waters of the state when disposed

Ch. 63.] 191

of within the state by a person operating an appli-ance licensed under the provisions of this act.

The purpose of this provision is to insure thatany person taking any of the salmon or other foodor shell fish from the waters of the State of Wash-ington or those over which it has jurisdiction, or tak-ing any salmon or other food fish from the waters ofthe Pacific Ocean off the western territorial limitsof the State of Washington, shall pay to the statethe catch tax by this act provided.

SEC. 3. That section 52 of chapter 31 of the lawsof 1915 be amended to read as follows:

Section 52. Every licensee of a fishing appli-Licensee to ance licensed by the terms of this act shall filemake report.

a report Nlith the state treasurer, under oath, on ablank to be furnished upon request by the directorof fisheries and game, on the last day of March, Julyand November of each year, for the four months pre-ceding the date on which the report is made, statingthe number of salmon, species stated separately, thenumber of crabs, sturgeon, pounds of smelt, herring,shrimps, clams, shad, sea bass, carp, black, ling, rockand other cod fish; devil fish, dog-fish, flounders, hali-but, mackerel, salt water perch, red snapper, sablefish, sand-dabs, skates, sole, Dolly Varden trout, andall other food fish, other than those listed, and allfish which may hereafter be classified as food fishby the board of fisheries, caught during the precedingfour months' period together with the name of theperson, firm or corporation to whom sold, the num-ber and quantity delivered to each purchaser, andshall at the same time remit to the state treasurerthe catch taxes, license charges and the additionalfees required by this act and it shall be the duty ofthe state treasurer, upon receiving any such report,to endorse thereon his duplicate receipt for the taxes,charges and fees, if any, accompanying the report,and transmit the report to the director of fisheries

[Ch. 63.192 SESSION LAWS, 1921.

SESSION LAWS, 1921.

and game, and deposit the moneys received in thestate treasury to the credit of the fisheries fund.

Every person receiving a license under the termsof this act must make report on dates specified, irre-spective of whether or not any appliance was oper-ated or fish caught during the four months precedingthe date of the report.

No owner of any licensed fishing appliance, whohas sold the fish caught under his license to any can-ner, wholesale dealer, broker, or to any person, firmor corporation engaged in freezing, salting, smoking,kippering, mild-curing, curing or otherwise preserv-ing fish, who by the terms of this act are held respon-sible to the state for the collection of the catch taxes,need remit said taxes at the time of making his re-port, but remittance in payment of fish caught bysaid licensee shall be made by the canner, whole-sale dealer, broker, or curer of fish to whom saidlicensee has sold his catch.

And every person, firm or corporation engagedin canning, preserving, salting, smoking, kippering,mild curing, curing, freezing, preserving in ice orotherwise, or in buying, selling, or otherwise dealingin food or shell fish caught within the waters of thestate, or in those over which it has jurisdiction, ascanners, fish brokers, wholesalers, or retailers, eitheras principal, agent or employee, shall on the samedates and for the shme periods file reports with thestate treasurer, stating the quantity in pounds of allfish canned, preserved or cured or handled, and allpurchases and sales made during the precedingperiod for which the report is made, the varietiesstated separately, together with the name of the per-son, persons, firms or corporations from whom pur-chased and the place from which the fish were takenand the appliances with which the same were taken,and at the same time shall remit to the state treas-

-7

Ch. 63.] 1.9

SESSION LAWS, 1921.

urer the catch taxes, license charges, and additionalfees required by this act; and it shall be the duty ofthe state treasurer, upon receiving any such report,to indorse thereon his duplicate receipt for the taxes,charges and fees, if any, accompanying the report,and transmit the report to the director of fisheriesand game, and deposit the moneys received in thestate treasury to the credit of the fisheries fund.

Every person, firm or corporation engaging inbusiness as a canner, wholesale fish dealer, fishbroker, or in the business of freezing, salting, smok-ing, kippering, or preserving fish in ice or otherwiseshall, at the time of procuring a license, execute tothe State of Washington a bond in a sum to be fixedby the director of fisheries and game and subject tohis approval, conditioned that at the times hereinprovided he will pay or cause to be paid to the statetreasurer the catch taxes and other charges requiredto be paid by him as required by law; that he willfile the reports required by this act with the statetreasurer on March 31, July 31, and November 30 ofeach year, showing all salmon, species stated separ-ately, other food and shell fish purchased by him, thename and license number of the person from whompurchased,*and such other information as may be re-quired by the director of fisheries and game, forascertaining the amount owing or to be owing tothe State of Washington for fish taken from thewaters of the state and those over which the statehas jurisdiction, and for fish taken in the PacificOcean off the western territorial limits of the Stateof Washington and brought into the State of Wash-ington. The director of fisheries and game may re-quire such other provisions to be inserted in saidbond as may in his judgment be necessary in orderto efficiently administer the laws and to enforce thecollection of license fees, taxes and other charges.

[Ch. 63.194

SESSION LAWS, 1921.

Every person, firm or corporation engaged in anybranch of the fishing industry, including oysters,clams and shell fish and including any by-productthereof shall on or before the 31st day of March ofeach year report to the director of fisheries and gamein writing upon blanks furnished upon request bythe director of fisheries and game the amount ofcapital invested in the business, the quantity andkind of equipment and the value thereof and wheresituated, the value of the product handled, the num-ber of employees and the wages paid during the pre-ceding year; and any person, firm or corporation whoshall fail to make the reports in this paragraph pro-vided and at the same time make payment of theamounts of money due to the state shall be guiltyof a gross misdemeanor and the amounts owing byany such persons for license charges and additionalcharges shall become and constitute a first lien uponthe fishing appliances of any such person and alsoa lien on the real and personal property of the personowing such sum or sums, from and after a noticeof such lien on behalf of the state shall have beenfiled in the office of the county auditor in which theperson owing such amount or amounts shall reside;the notice of lien to be filed by the director of fisher-ies and game shall be sufficient if it shall state theamount for which the lien is claimed and the personowing same. Every person, firm or corporationowning or operating codfish canning or curing estab-lishments or owning or operating establishments forthe manufacture of fertilizer, oil, meal or other by-product from fish or engaged in the buying, sellingor dealing in halibut at wholesale or as a broker,shall make reports to the director of fisheries andgame at the times and for the periods in this sectionprovided, stating the quantity of fish with the speciesbought or sold or handled with the names of the per-sons from whom purchased and the waters from

Ch. 6Z.] 195

which taken, and also the quantity and value of allfish or fish by-products handled by them.

SEC. 4. This act is necessary for the support of

Elreency the state government and its existing public institu-tions, and shall take effect March 31, 1921.



PROTECTION AGAINST FOREST FIRES.

AN ACT relating to state forests, authorizing the State board offorest commissioners to correct errors in forest protectionassessments on the county tax rolls, requiring the state for-ester to furnish surety bond and amending sections 2580 and2582 of Pierce's Code, and amending chapter 105 of theLaws of 1917, by adding a new section to be known and des-ignated as section 8.


SECTION 1. That section 2580 Pierce's Code(Laws 1917, chapter 105, section 2), be amended toread as follows:

Section 2580. If any owner or owners of forest

proi b land shall neglect or fail to provide adequate firestateforester. protection therefor as required by section one of this

act, then the state forester, under direction from thestate board of forest commissioners, shall providesuch protection therefor at a cost not to exceed five(5) cents an acre per annum. Any amounts paid orcontracted to be paid by the state forester for thispurpose shall be a lien upon the property patrolledand protected and, unless reimbursed by the ownerwithin ten days after October first of the year in


SESSION LAWS, 1921.

which they were incurred, on which date the stateforester shall be prepared to make statement thereofupon request to any forest owner whose own protec-tion has not been previously approved by him asadequate, shall be reported by the state forester tothe county assessors of the county or counties inwhich the property is situated who shall extend theamounts upon the tax rolls covering such property,and the amounts shall be collected at the time and inthe same manner by the same procedure and with thesame penalties attached that the next general stateand county taxes on the same property are collected,except that errors in assessments may be correctedat any time by the state board of forest commission-ers by certifying the same to the county treasurerof the county in which the land involved is situated.Upon the collection of said assessments the countyofficials shall repay said amounts to the state foresterto be applied to the expenses incurred in carryingout the provisions of this section: Provided, Thatthe state forester is hereby authorized and requiredto include in the assessment herein authorizedagainst the owner or owners of forest lands neglect-ing to provide adequate fire protection, a sum not toexceed one-half of one cent per acre, to cover thenecessary and reasonable cost of office and clericalwork incurred in the enforcement of the provisionsof chapter 105, Laws of 1917 and subsequent amend-ments thereto, and is authorized to expend any sums.heretofore collected from owners of forest lands orcoming from any other source for any necessaryoffice and clerical expenses in connection with theenforcement of the provisions of section 2 of thisact: Provided further, That the state forester is re-quired to furnish a good and sufficient bond of asurety company running to the State of Washington,in a sum as great as the probable amount of moneyannually coming into his hands under the provisions

Ch. 64.] 197

of this act, conditioned for the faithful performanceof his duties as such officer and for a faithful account-ing for all sums received and expended thereunder,which bond shall be approved by the attorney gen-eral.

SEc. 2. That section 2582 Pierce's Code (chapter105, Laws 1917, section 4), be amended to read asfollows:

Section 2582. Any and all cut-over land or slash-When cut- ings in the State of Washington covered wholly orover land orWahntnw lyslashing in part by inflammable debris and which by reason

nuice. of such condition is likely to further the spread offire and thereby endanger life or property, a findingto which effect by the state forester shall be primafacie evidence of such fact, is hereby declared a pub-lic nuisance, and the owner or owners thereof or theagency responsible for its existence, if such be notthe owner, are hereby required to abate such nuis-ance forthwith under the general direction of thestate forester.

If the person, firm or corporation responsiblefor the existence of any such nuisance shall refuse,neglect or fail to abate it after a ten days notice bythe state forester, the latter may summarily caiiseit to be abated and the cost thereof and of any patrolor fire fighting made necessary by such nuisance maybe recovered from said person, firm or corporationresponsible therefor or from the owner of the landon which such nuisance existed by an action for debtand said costs shall also be a lien upon said land andmay be enforced in the same manner, with the sameeffect and by the same agencies as the lien providedfor in section 3 of this act.

SEC. 3. That chapter 105 of the Laws of 1917 beamended by adding a new section to be known anddesignated as section 8, to read as follows:

Section 8. The director of conservation and de-velopment, through and by means of the division of



forestry, shall, upon the appointment, qualification Divison of

and assumption of his duties, exercise all the powers disofand perform all the duties vested in, and required "ater, etc.

by this act to be performed by, either the stateforester or the state board.of forest commissioners.

Passed the House, February 14, 1921.Passed the Senate, March 2, 1921.Approved by the Governor March 10, 1921.

CHAPTER 65.[H. B. 114.]

VERDICTS OF JURIES AND JUDGMENTS THEREON.

AN ACT relating to the verdicts of juries and judgments enteredthereon, declaring the effect of verdicts, and repealing sec-tion 8081 Pierce's Code, 431 of Remington & Ballinger'sAnnotated Codes and Statutes of Washington.


SECTION 1. In any action tried by jury in which Time ofa verdict is returned, judgment in conformity with entry.

the verdict may be entered by the court at any timeafter two days from the return of such verdict. Anymotion for judgment notwithstanding the verdict,or any motion for a new trial, or any motion attack-ing the verdict for other causes, shall be served onthe adverse party and filed with the clerk of the courtwithin two days after the return of the verdict, andno judgment shall be entered in the cause until afterthe disposition of such motion. The judgment shallbe in writing, signed by the judge of the court inwhich the action is pending, and shall be filed withthe clerk and recorded in the journal of the court.

SEC. 2. The clerk on the return of a verdict shall Entry of

forthwith enter the same in the execution docket,

specifying the amount thereof, and the names of theparties to the action and the party or parties againstwhom the verdict is rendered; such entry shall beindexed in the record index and shall conform asnear as may be to entries of judgments required tobe made in such execution docket. On the entry ofsuch verdict as herein provided, the same shall benotice to all the world of the rendition thereof, andany person subsequently acquiring title to or a lienupon the real property of the party or parties againstwhom the verdict is returned shall be deemed to haveacquired such title or lien with notice, and such titleor lien shall be subject and inferior to any judgmentafterwards entered on the verdict.

SEC. 3. The clerk shall, on request and at the ex-

Atracto pense of the party in whose favor the verdict is ren-dered, or his attorney, prepare an abstract of suchverdict in substantially the same form as an abstractof a judgment and transmit such abstract to theclerk of any court in any county in the state as di-rected, and shall make a note on the execution docketof the name of the county to which each of suchabstracts is sent. The clerk receiving such abstractshall, on payment of a fee of fifty cents therefor,enter and index the same in the execution docket inthe same manner as an abstract of judgment. On theentry thereof the same shall have the same effectin such county as in the county where rendered.

Whenever the verdict, or any judgment renderedthereon, shall cease to be a lien in the county whererendered, the clerk of the court shall on request ofanyone, and the payment of the cost and expensethereof, certify that the lien thereof has ceased, andtransmit such certificate to the clerk of any court towhich an abstract was forwarded, and such clerkreceiving the certificate, on payment of a fee of fiftycents therefor, shall enter the same in the executiondocket, and then and thereupon the lien of such ver-


SESSION LAWS, 1921.

dict or judgment shall cease. Nothing in this actshall be construed as authorizing the issuance of anexecution in any other county than that in which thejudgment is rendered.

SEC. 4. Section 8081 Pierce's Code, 431 of Rem. Repealingclause.

& Bal. Code, and all acts and parts of acts in conflictherewith, are hereby repealed.

Passed the House, February 18, 1921.Passed the Senate,'March 2, 1921.Approved by the Governor March 10, 1921.

CHAPTER 66.[H. B. 134.]

RIGHTS OF WAY ACROSS BELLINGHAM NORMALSCHOOL LANDS.

AN ACT authorizing the board of trustees of the state normalschool at Bellingham to grant rights of way for highwayacross such school lands.


SECTION 1. That the board of trustees of the state Trusteesauthorized

normal school at Bellingham are hereby authorized tograntrights of

to grant to the park board of the city of Bellingham .waywithout charge a right of way for a highway overand across any of the lands belonging to such school:Provided, That neither the State of Washington, thesaid state normal school, nor any of the lands thereofshall ever be assessed or required to pay any part'of the cost of construction, improvement, or mainte-nance of any such highway.

Passed the House, March 3, 1921.Passed the Senate, March 9, 1921.Approved by the Governor March 10, 1921.

Ch. 66.] 201

SESSION LAWS, 1921.

CHAPTER 67.[H. B. 311.]

PRESERVATION AND PROTECTION OF FORESTSAND TIMBER.

AN ACT relating to the preservation and protection of certainforests and timber, providing penalties, declaring that thisact shall take effect immediately, and making an appropria-tion.


SECTION 1. All forests and timber upon all landsForests and in the State of Washington, lying west of a line onetimberprotected. mile west of the eastern boundary of range ten west

of the Willamette Meridian and north of the northboundary line of Grays Harbor county, shall be pro-tected and preserved from the fire hazard to whichthey are or may be exposed by reason of the unusualquantity of fallen timber upon such lands. It shalltherefore be unlawful for any person, firm, companyor corporation, their officers, agents or employees,to do or commit any act which shall expose any ofthe forests or timber upon such lands to the hazardof fire.

SEC. 2. The governor shall have the power and itGovernor to shall be his duty to make, adopt, amend and promul-make rules.. gate rules and regulations for the preservation and

protection of the forests and timber situated uponthe lands described in section 1 of this act, fromdamage or destruction by fire.

SEC. 3. All such rules and regulations or amend-Publication ments thereto shall be promulgated by the governorof rules. by publication in a newspaper of general circulation

published at the state capitol, and shall take effectand be in force at the times specified therein.

SEC. 4. Any person violating or failing to complyViolationsof rules, with any rules or regulations of the governor, made

202 [Ch. 67.

SESSION LAWS, 1921.

under the provisions of this act, shall be guilty of agross misdemeanor.

SEc. 5. There is hereby appropriated from the Appropria-tion

general fund the sum of one hundred thousand dol- Ioooo.oo.lars ($100,000.00) or so much thereof as may benecessary, to be expended by the governor in suchmanner as he may deem necessary, to protect andpreserve such forests and timber from damage ordestruction by fire.

SEC. 6. The governor may appoint such agentS Governormay appointor employees as he may deem necessary to properly agents, etc.

carry out the provisions of this act, and he may em-power such agents or employees to allow claims orto do any other act which the governor is authorizedby this act to perform.

SEc. 7. This act is necessary for the immediate Emergencyclause.

preservation of the public peace, safety and health,and for the support of the state government and itsexisting institutions, and shall take effect immedi-ately.

Passed the House, March 5, 1921.Passed the Senate, March 8, 1921.Approved by the Governor March 10,1921.


DISPLAY OF UNITED STATES FLAG ATPOLLING PLACES.

AN ACT relating to elections and requiring the United States flagto be displayed at the polls.


SECTION 1. At all state, county, or municipal elec- Duty to

tions the flag of the United States shall be conspicu- display flag.

ously displayed in front of each polling place and it

Ch. 68.] 203

is hereby made the duty of the officers now chargedby law with the duty of furnishing election suppliesto provide therefor.



SUSPENSION OF SENTENCES UPON CONVICTIONOF CRIMES.

AN ACT relating to the suspension of sentences upon convictionof a person of any crime except murder, burglary in thefirst degree, arson in the first degree, robbery, carnal knowl-edge of a female child under the age of ten years, or rape,and amending section 2280 of Remington & Ballinger's Anno-tated Codes and Statutes of Washington.


SECTION 1. That section 2280 of Rem. & Bal. Codebe amended to read as follows:

Section 2280. Whenever any person never be-Whend fore convicted of a felony or gross misdemeanor

shall be convicted of any crime except murder,birglary in the first degree, arson in the firstdegree, robbery, carnal knowledge of a female childunder the age of ten years, or rape, the court may inits discretion, at the time of imposing sentence uponsuch person, direct that such sentence be stayed andsuspended until otherwise ordered by such court,and that the sentenced person be placed under thecharge of a parol or peace officer during the term ofsuch suspension, upon such terms as the court maydetermine. In no case shall a sentence be suspendedunder the provisions of this section unless the


SESSION LAWS, 1921.

prisoner if sentenced to confinement in a penal insti-tution be placed under the charge of a parol officer,who is a duly appointed and acting officer of the in-stitution to which the person is sentenced.


CHAPTER 70.I H. B. 101.]

POLICE JUSTICES IN FOURTH CLASS CITIESOR TOWNS.

AN ACT relating to the appointment, powers and duties of policejustices in fourth class cities or towns, and amending sec-tion 7748 of Remington & Ballinger's Annotated Codes andStatutes of Washington (Section 853, Pierce's WashingtonCode).



Section 7748. There shallbe appointed by Appointmentand

the mayor a police justice from the justices of the jurisdiction.

peace duly elected or appointed under the laws ofthe State of Washington for said town, which ap-pointment shall become effective when confirmed bythe council. Such police justice so appointed, inaddition to his powers as a justice of the peace, shallhave exclusive jurisdiction over all offenses definedby any ordinance of the town, and all other actionsbrought to enforce or recover any license, penaltyor forfeiture declared or given by any such ordi-nance, and full power to forfeit bail bonds and issueexecution thereon and full power to forfeit cash bail,and full power to hear and determine all causes,

Ch. 70.] 205

civil or criminal, arising under such ordinance, andpronounce judgment in accordance therewith: Pro-vided, That for the violation of a criminal ordinanceno greater punishment shall be imposed than a fineof one hundred dollars or imprisonment not to ex-ceed thirty days or by both such fine and imprison-ment. In the trial of actions brought for the, viola-tion of any town ordinance no jury shall be allowed,and no change of venue shall be allowed from suchpolice judge in actions brought for violation of town

Appeals. ordinances. All criminal and civil proceedings be-fore such police justice and, judgment rendered byhim shall be subject to review in the superior courtof the proper county by writ of review or appeal.In actions brought before such police justice to en-force or recover any license, penalty or forfeituredeclared or given by any ordinance and in all othercivil actions the manner of commencing the same, themanner of obtaining service upon the defendant, theprocedure during the pendency of the action and forthe. enforcement of the judgment obtained, if any,and the procedure in appeal therefrom, together with.the time limitation upon such appeal shall, be asprovided in the case of civil actions before justicesof the peace. All officers so appointed by the mayorand confirmed by the council are subject to removalby the town council at any time for cause deemedsufficient. Said police justice shall, before enteringupon the duties of his office, give such additionalbond to the city for the faithful performance of hisduties as.the city council may by ordinance direct,and shall receive such salary in addition to his salaryas justice of the peace as the council may by ordi-nance direct.



SESSION LAWS, 1921.

CHAPTER 71.IH. B. 182.]

SEARCH OF PRIVATE DWELLINGS.

AN AcT prohibiting the entry and search of private dwellinghouses or places of residence without a search warrant andproviding a penalty.


SECTION 1. It shall be unlawful for any police- Searchwarrant

man or other peace officer to enter and search any necessary.

private dwelling house or place of residence withoutthe authority of a search warrant issued upon a com-plaint as by law provided.

SEc. 2. Any policeman or other peace officer vio-lating the provisions of this act shall be guilty of agross misdemeanor.


CHAPTER 72.[H. B. 258.1

INDUSTRIAL AID TO THE ADULT BLIND.

AN ACT relating to and providing for the industrial educationand the marketing of the industrial products of the adultblind, providing for county aid therefor, making an appro-priation and providing penalties for violation thereof.


SECTION 1. The supervisor of industrial rela- Supervisor.

tions, with the approval of the director of labor andindustries shall appoint an assistant to be known asthe supervisor of industrial aid to the adult blind.

Chs. 71-72.]) 207

SEC. 2. The director of labor and industriesGeneral aid. shall have the power and it shall be his duty through

and by means of the division of industrial relations,to promote the educational and industrial welfareof the adult blind residents of the state, in both homeand factory, to secure suitable employment, furnishmaterials for adult blind workers and market theproducts of their labor.

SEC. 3. It shall be the duty of the board of countyCounty to commissioners of the several counties to, from timeaid.

to time, provide funds for the aid of the industrialand general education of the ddult blind of thecounty who are unable to support themselves, butno person shall be entitled to such aid unless he is ablind person over the age of eighteen years and hasbeen an actual bona fide resident of the State ofWashington for more than three years and of thecounty for at least one year immediately precedinghis application for such aid, or was blinded withinthe state while a bona fide resident thereof and isunable to earn a livelihood from the consequenceof his blindness and is a person of such physical andmental capacity as is likely to be benefited by the aidherein provided for.

SEC. 4. Any adult blind person entitled to aidApplication under the provisions of this act and desiring to ob-by adultblind for aid, tain the same, shall make application therefor in

writing upon a blank to be furnished by the super-visor of industrial aid to the adult blind, verified un-der oath by the applicant and supported by the rec-ommendation of the director of labor and industries,setting forth the facts in the particular case; theboard of county commissioners shall hear the appli-cation and may require the furnishing of additionalevidence in support thereof. In case the applicationis granted, the board shall enter an order specifyingthe aid to be granted, not to exceed the sum of thirty-five dollars per month, nor to exceed the sum of three


SESSION LAWS, 1921.

hundred dollars in all: Provided, That when it shallappear that the earnings of the blind person are ex-ceeding the sum of fifteen dollars per month, thecounty aid shall be reduced by the amount of the ex-cess of such earnings over the sum of fifteen dollars.It shall be the duty of every person granted countyaid under the provisions of this act to, on or beforethe tenth day of each calendar month, file with thecounty auditor upon a blank to be furnished for thatpurpose, a statement of his earnings for the preced-ing calendar month, subscribed and verified underoath by the person entitled to the aid. A certifiedcopy of the order granting the aid shall be filed withthe county auditor of the county in which the blindperson is a resident and thereupon and thereafter, solong as such order remains in force, it shall be theduty of the county auditor, on or before the tenthday of each calendar month, to draw his warrant onthe current expense fund of the county in favor ofsuch blind person, in the amount specified in suchorder, less the amount of the earnings of the blindperson in excess of fifteen dollars for the precedingcalendar month, and to deliver such warrant to theperson granted the aid.

SEc. 5. The removal of any blind person receiv- Removal toanother

ing aid under the provisions of this act to any part county nobar to aid.

of the state other than the county of his legal resi-dence, for the purposes of education or employment,shall not deprive such blind person of the aid pro-vided for in this act.

SEC. 6. Whenever it shall be made to appear to Rescission oforder grant-

the board of county commissioners that any blind ing aid.

person receiving aid under the provisions of this actis through wilful neglect, indolence or incapacity,not profiting by such aid, the board shall be author-ized to rescind the order granting the aid.

Ch. 72.] 209

SEC. 7. There is hereby created in the state treas-Creation of ury a special fund, to be known as the adult blind re-adult blindfud

rng volving fund, from which shall be paid all sums re-quired for the purchase of materials for blind work-ers and into which shall be paid all sums receivedfrom the sale of the products of blind workers, equalto the cost of the materials furnished therefor. Thedirector of labor and industries shall have the powerto authorize the supervisor of industrial aid to theadult blind, to purchase and distribute materials toblind workers and to market the products manufac-tured therefrom and to pay to the blind workers allsums received in excess of the cost of the materialsused in such products, and to pay the cost of suchmaterails into the state treasury, to the credit of theadult blind revolving fund.

SEC. 8. There is hereby appropriated out of theAppropria- general fund in the state treasury into the adulttion$7,500.00 blind revolving fund, the sum of seventy-five hundredgeneral

$2,o.00 dollars for the purpose of purchasing materials for

aduvind the use of the adult blind, there is hereby appropri-fund. ated out of the adult blind revolving fund the sum of

twenty thousand dollars; for the purpose of salariesand wages, supplies, materials and service for thedepartment of labor and industries in carrying outthe provisions of this act, there is hereby appro-priated out of the general fund the sum of five thous-and dollars.

SEC. 9. Any person fraudulently procuring aidCrime for from any county as herein provided for any personfraudulently

rouring not entitled thereto shall be guilty of a gross misde-meanor.

Passed the House March 5, 1921.Passed the Senate March 9, 1921.Approved by the Governor March 10, 1921.

SESSION LAWS, 1921. (Ch. 72.210

SESSION. LAWS, 1921.

CHAPTER 73.[H. B. 275.]

EXAMINATION OF BANKS, MUTUAL SAVINGS BANKSAND TRUST COMPANIES.

AN AcT relating to the examination of banks, mutual savingsbanks and trust companies, and amending section 8 of chap-ter 80 of the Laws of 1917.



Section 8. The director of taxation and ex- Fees forofexamina-amination, through and by means of the division of tions.

banking, shall collect from each bank, mutual savingsbank, or trust company for each complete examina-tion of its condition the following fees: From eachbank or trust company, having a capital of less than$20,000 the sum of $30.00; having a capital of $20,000and less than $50,000 the sum of $40.00; having acapital of $50,000 or more, the sum of $50.00; andfrom each mutual savings bank the sum of $50.00;and in addition thereto one one-hundredth (1-100o)of one per cent on all deposits, at the time of examin-ation. For each examination other than a completeexamination he shall charge and collect the costthereof but not less than $25.00; Provided, That asto a trust company not doing a banking business thecharge for an examination shall be the cost thereofbut not less than $50.00.

SEC. 2. The powers and duties conferred by this Powers andduties

act on the director of taxation and examination shall conferred.

be exercised and performed by the bank commission-er until such time as the director of taxation and ex-amination shall be appointed, qualified and assumeand exercise the duties of his office.


Ch. 73.] 211

SESSION LAWS, 1921.

CHAPTER 74.[H. B. 304.1

INSPECTION OF AGRICULTURAL COMMODITIES.

AN ACT relating to agriculture, fixing the fees for inspection ofagricultural commodities and amending section 2654, Pierce'sCode, (Section 13 of Chapter 189, Session Laws of 1919.)


SECTION 1. That section 2654 of Pierce's Code,(section 13 of chapter 189, Session Laws of 1919), beamended to read as follows:

Section 2654. The Director of Agriculture shallFees and fix the fees for inspection, grading and weighing ofcharges, the commodities included in the provision of this act,

which fees shall not exceed eight cents a ton for sackgrain and six cents a ton for bulk grain. The fees forinspection, grading and weighing of such commod-ities shall be a lien upon such commodity so weighed,graded and or inspected to be paid by the carriertransporting the same and treated by it as anadvanced charge, except when the bill of ladingcontains the notation "Not for terminal weightand grade" and the commodity is not unloadedat a terminal warehouse. The Director of Agri-culture shall so adjust the fees to be collectedunder this act as to meet the expenses necessaryto carry out the provisions hereof, and may pre-scribe a different scale of fees for different lo-calities. The Director of Agriculture may also pre-scribe a reasonable charge for service performed atplaces other than public terminal warehouses in ad-dition to the regular fees when necessary to avoidrendering the service at a loss to the state. Allmoneys collected under the provisions of this act andall fines and penalties for violation thereof, shall bepaid into the state treasury. The state auditor may

212 [Ch. 74.

SESSION LAWS, 1921.

anticipate the receipts and issue warrants to coverthe same to any amount not exceeding fifteen thou-sand dollars ($15,000.00)..



MILITIA.

AN ACT relating to the militia, and amending Sections 3765-4,3765-22, 3765-52 Pierce's Code.


SECTION 1. That Section 3765-4 Pierce's Codebe amended to read as follows:

Section 3765-4. The duty of maintaining and To conformto federal

governing the Organized Militia not in the service of regulation.

the United States rests upon the States respectively,subject to the constitutional authority of Congress,but the prime object of the force is the national de-fense. Its efficiency as an agent for national defensenecessarily depends upon systematic uniformity inthe organization, composition, arms, equipment,training and discipline of its component parts. Itsattainment of such uniformity and efficiency requireson the part of each state a rigid adherence to Federallaws and regulations relating to the militia. There-fore, the Governor shall cause the Organized Militiaof this State always to conform to all such Federallaws and regulations as are now or may hereafterfrom time to time become operative and applicable,notwithstanding anything in the laws of this Stateto the contrary. The Organized Militia of Washing-

Ch. 75.]1 213

ton or any. part thereof shall be subject to call ordraft for United States service at such times, in suchmanner, and in such numbers as may from time totime be prescribed by the United States:

In conformity with the provisions of FederalStatutes, officers and enlisted men of the OrganizedMilitia called or drafted into Federal service byorder or proclamation of the President of the UnitedStates, shall upon release from Federal service re-vert to their former status, grade and rank as mem-bers of the Organized Militia of Washington,. andshall continue to serve in the Organized Militia ofWashington until separated therefrom in the mannerprovided by law.

SEc. 2. That Section 3765-22 Pierce's Code beamended to read as follows:

Section 3765-22. Whenever a vacancy has oc-Adjutant curred, or shall be about to occur in the office of thegeneral.

adjutant general of this State, the Governor shalldetail for that position from the active list of theOrganized Militia of Washington some officer not be-low the grade of captain of the National Guard, orsenior lieutenant of the naval militia, who shall havehad at least two years service as an officer of theactive list of the Organized Militia during thefive years next prior to such detail, and the officer sodetailed shall be subject to relief therefrom by theGovernor at will, and shall during the continuanceof his service as the adjutant general hold the rankand grade of brigadier general.

If, by reason of the call or draft of officers ofthe Organized Militia of Washington into Federalservice, there shall be no officer of the OrganizedMilitia possessing the requisite prior service quali-fications available for detail as the adjutant general,then the Governor may detail any officer or formerofficer of the Organized Militia of Washington as

214 SE SSION LAWS, 1921. [Ch. 75.


acting adjutant general: Provided, That in theevent the officer on detail as the adjutant general isappointed, called or drafted into the military serviceof the United States by order or proclamation of thePresident, he shall be granted leave of absence bythe Governor, and such officer shall be entitled, uponrelease from Federal service, to return to his formerstatus as the adjutant general of Washington, andduring the period such adjutant general is in Federalservice, the duties of the office of the adjutant gen-eral shall be performed by an acting adjutant gen-eral, appointed by the Governor, and who shall re-ceive the pay provided for the adjutant general dur-ing the period of such assignment.

SEC. 3. That Section 3765-52 Pierce's Code beamended to read as follows: Four

Section 3765-52. There shall be four stated pa- parades

rades annually, with pay as follows: February 22d,May 30th, July 4th, and November 11th.

Passed by the Senate February 4, 1921.Passed by the House March 2, 1921.Approved by the Governor March 11, 1921.

CHAPTER 76.[S. B. 215.]

SALE OF TIMBER ON CERTAIN STATE LANDS.

AN ACT relating to the sale of timber on state lands in the stormswept area in Clallam or Jefferson Counties, and providingthat this act shall take effect immediately.


SECTION 1. Wherever the timber on any tract of Sal in

State land situated in Clallam or Jefferson Counties Cfai an

shall have been damaged by the storm which occurred countes.

Ch. 76.]

on January 29, 1921, the Commissioner of PublicLands is hereby authorized to sell the timber on saidtract when such sale shall, in his judgment, be to thebest interests of the State.

SEc. 2. When application is made for the pur-Purchase chase of any of the timber so affected, the Commis-price. sioner may order such inspection as will enable him

to determine the minimum price per thousand feet,board measure, to be charged for such timber andshall thereafter fix such minimum price per thousandfeet at which the said timber shall be offered anddetermine the date of sale of same: Provided, Thatpayment for said timber shall be made according tothe scale of the logs cut and removed, under suchterms and conditions as the Commissioner shall pre-scribe; and Provided further, That a bond to guar-antee the performance of any contract or agreemententered into with the State of Washington by thepurchaser of said timber may be required at theoption of the Commissioner of Public Lands.

SEC. 3. When the Commissioner of Public LandsNotice of shall have decided to sell any timber, as provided forsale.

in this act, he shall forthwith fix the date of sale andgive notice thereof by advertisement published oncea week for four weeks next before the time he shallname in said notice, in at least one newspaper of gen-eral circulation published in the County in which thetimber is situated, which notice shall specify theplace, time and terms of sale. The Commissioner ofPublic Lands is hereby authorized to expend suchsum as, in his opinion, may be deemed advisable andnecessary for additional advertising of said sale.

SEC. 4. The sale of said timber shall be by publicSale. auction to the highest bidder and shall be in accord-

ance with the terms and conditions specified in saidnotice of sale. The County Auditor of the county inwhich the timber is situated shall conduct said sale,


SESSION LAWS, 1921.

under the direction of the Commissioner of PublicLands and shall certify the returns of such sale tothe Commissioner upon forms prepared for thatpurpose.

SEC. 5. When ten (10) days shall have elapsed Confirmationof sale.

after the receipt of such report of sale, if it shallappear to the Commissioner of Public Lands thatthe sale was fairly conducted, that all the proceed-ingh were regular, and that the best interests of thestate shall be subserved thereby, the commissionershall confirm said sale and shall issue to the pur-chaser a contract for said timber upon such termsand conditions, conformable with the notice of sale,as he shall prescribe.

SEC. 6. The Commissioner of Public Lands shall Rules.

make such rules and regulations as may be necessaryto the carrying out of the provisions of this act.

SEC. 7. This act is necesary for the immediate Emergency.

preservation of the public peace, health and safety,the support of the state government, and its existingpublic institutions and shall take effect immediately.

Passed by the Senate March 1, 1921.Passed by the House March 7, 1921.Approved by the Governor March 14, 1921.

Ch. 76.] 217

SESSION LAWS, 1921.

* CHAPTER 77.[S. B. 203.1

EXHIBITION OF BOVINE ANIMALS.

AN ACT relating to the exhibition of bovine animals and pre-scribing penalties for the violation thereof.


SECTION 1. It shall be unlawful to exhibit at anyCertificate state, county or district fair, or livestock exhibitionof healthrequired within the State of Washington, any bovine animalbeforeexhibiting. over one year old, unless within six months prior to

such exhibition it has been subjected to a tuberculintest and received a certificate of health from a quali-fied veterinarian. No entry of such animal for ex-hibition shall be accepted by any authorized repre-sentative of any such fairs or exposition, until suchcertificate of health has been filed with the properofficer of the fair or exposition.

SEC. 2. Any person who exhibits or permits thePenalty for exhibition of any animal in violation of the pro-violation.

visions of this act, shall be guilty of a misdemeanorand upon conviction shall be fined not less than fifty($50.00) dollars nor more than two hundred andfifty ($250.00) dollars.


218 [Ch. 77.

SESSION LAWS, 1921.

CHAPTER 78.[S. B. 181.]

CONVEYANCE OF STATE LANDS TO LEWIS COUNTY.

AN ACT authorizing the conveyance of certain lands to theCounty of Lewis.


SECTION 1. That the governor be and he is hereby Lands. . described.

authorized to, in the name of the state, execute anddeliver to the county of Lewis a deed conveying allinterest of the state in certain lands in Lewis county,in accordance with the provisions of chapter 47 ofthe Laws of 1913, said lands being described as fol-lows, to-wit: Beginning at the intersection of thesouth line of Section Seventeen (17), .TownshipFourteen (14) North, of Range Two (2) West ofW. M., with the West right-of-way line of the Somer-ville Consent Road, and running thence North 15o20' East along the West line of said Road, ElevenHundred Forty-four (1144) feet, thence North 2'33' West along the said West line Seventy-four andfour-tenths (74.4) feet, thence West on a line paral-lel with the said South line of said Section Seven-teen (17), Eleven Hundred Sixty-seven and two-tenths (1167.2) feet to within One Hundred Fifty(150) feet of the center line of the Northern PacificRailroad, thence South 16. 20' West on a line parallelwith and One Hundred Fifty (150) feet distant East-erly from the center line of the Northern PacificRailroad Eleven Hundred and Thirty-five and seven-tenths (1135.7) feet, thence East on a line parallelwith and Eighty-seven and three-tenths (87.3) feetNorth of the South line of said Section Seventeen(17), Eight Hundred Fifty-seven (857) feet, thenceSouth 740 40' East Three Hundred Thirty (330)

Ch. 78.]1 219

feet to the point of beginning, containing Thirty(30) acres, in Section Seventeen (17), TownshipFourteen (14) North, of Range Two (2) West ofW. M.


CHAPTER 79.[S. B. 157.1

DEFENSE OF STATE OFFICERS AND EMPLOYEESIN CIVIL ACTIONS.

AN ACT relating to the defense of state officers and employees incivil actions and declaring that this act shall take effectimmediately.


SECTION 1. Whenever an action or proceeding forRequest for damages shall be instituted against any state officerdefense atstate or employee for the performance of any official act,expense. such officer or employee may request the administra-

tive board to authorize the defense of said actionor proceeding at the expense of the state.

SEC. 2. If the administrative board shall findExpenses, that said officer or employee acted in good faith andfrom whatfund payable. without negligence, it shall grant said request, in

which event the necessary expenses of the defenseof said action or proceeding shall be paid from theappropriations made for the support of the depart-ment to which such officer or employee is attached.In such cases the attorney general shall appear anddefend such officer or employee.

SEC. 3. The governor shall exercise all theExercise ofpowersand powers and perform all the duties herein vested induties. and required to be performed by the administrative


SESSION LAWS, 1921.

board, until such time as said board shall be ap-pointed and shall qualify.


the state government and its existing public institu-tions and shall take effect immediately.



FRANCHISES ON STATE HIGHWAYS.

AN ACT relating to state highways, providing for the granting offranchises thereon outside of incorporated cities and towns,and providing penalties for violations thereof.

Be it enacted by the Legislature of the State ofWashinqton:

SECTION 1. It shall be unlawful for any person Construc-tions on

or corporation to construct on, over, across, or along hwas

any state highway any water pipe, gas pipe, tele-graph, telephone, or electric, light or power lines,without having first obtained a franchise so to doin the manner hereinafter in this act provided.

SEc. 2. The state highway board or committee Granting of

shall have the power to grant franchises to personsor corporations to use a state highway outside ofincorporated cities and towns for the constructionand maintenance of water pipes, gas pipes, tele-phone, telegraph, and electric light and power lines'.All applications for such franchises shall be madein writing and subscribed by the applicant, and shalldescribe the state highway or portion thereof overwhich franchise is desired, and the nature of thefranchise. Upon the filing of any such application

Ch. 80.] 221

Hearings. a time and place for hearing the same shall be fixedand a notice thereof shall be given in the county orcounties in which the state highway mentioned inthe application is located, at the expense of the ap7-plicant, by posting written or printed notices inthree public places at the county seat and in at leastone conspicuous place on the state highway or partthereof over which the application for the franchiseis made, at least fifteen days before the day fixedfor such hearing, and by publishing a like notice inthree successive weekly issues of the newspaperdoing the county printing, the last publication to beat least five days before the day fixed for the hear-ing; which notice shall state the name or names ofthe applicant or applicants, a description of thestate highway or part thereof over which the fran-chise is applied for, and time and place for hearingwhich shall be at the state capital. In case the appli-cation is for a franchise over portions of a statehighway in two or more counties, notice shall begiven as above provided in each of the counties. Itshall be the duty of the county auditor of the re-spective counties to cause such notices to be postedand published and to file proof of such posting andpublication with the state highway board or com-mittee.

SEC. 3. All hearings provided for in the pre-reglrions ceding section may be adjourned from time to timeand condi-tions, and from place to place until completed. If after

such hearing it is deemed to be for the public inter-est to grant such franchise in whole or in part, theboard, or committee, may make and enter the ap-propriate order granting the franchise applied for,or such part thereof as it shall deem to be for thepublic interest, under such rules, regulations andconditions as it may prescribe, and may require anysuch utility and its appurtenances to be placed insuch location on, over, across, or along the state


SESSION LAWS, 1921.

highway as it finds will cause the least interferencewith other uses of the state highway. Any person Damages.

or corporation constructing or operating such utilityon, over, across, or along such state highway shallbe liable to any person injured thereby for any dam-age incident to the work of installation or the con-tinuation of the occupancy of such highway by suchutility, and shall be liable to the state for all neces-sary expenses incurred in restoring such highway toa permanent suitable condition for travel. This actshall be construed as an addition to existing laws,and shall not limit powers or rights which may beexercised under existing laws: Provided, That nofranchise shall be granted for a period of longerthan fifty years; And, Provided further, That no ex-clusive franchise or privilege shall be granted.

SEc. 4. Any person violating the provisions of Violations.this act shall be guilty of a misdemeanor.


CHAPTER 81.[H. B. 216.]

DISPOSITION OF LICENSE FEES BY STATE TREASURER.

AN ACT relating to funds in the state treasury, providing for thedeposit of certain moneys in, and the payment of certain ex-penses from the general fund, and abolishing the druglesspractitioners' fund.


SECTION 1. All moneys received by the state Cedeidtodand dis-treasurer as fees for the issuance of licenses upon bursedfor

examination, and the renewal thereof, and paid into expenses.

Ch. 81.] 223

the state treasury, shall be credited to the generalfund; and all expenses incurred in connection with theexamination of applicants for licenses, and the issu-ance and renewal of licenses upon examination shallbe paid by warrants drawn against the general fund.The "Drugless Practitioners' Fund" in the statetreasury is abolished and all funds therein are herebytransferred to the general fund.

Passed the House, February 25, 1921.Passed the Senate, March 7, 1921.Approved by the Governor March, 14, 1921.

CHAPTER 82.

[H. B. 188.1

OSTEOPATHY.

AN ACT relating to the licensing of persons to practice osteopathy,and amending Section 17 of Chapter 4 of the Laws of 1919.


SECTIox 1. That section 17 of chapter 4 of theLaws of 1919 be amended to read as follows:

Section 17. Any person who holds a licenseLicenses authorizing him to practice osteopathy from a boarduinderpeexistingaws of medical examiners heretofore existing, under theor from otherstates. provision of any laws of this state, past or present,

shall be entitled to practice osteopathy in this statethe same as if issued under this act, and any person,who shall have been examined and licensed to prac-tice osteopathy by a state board of osteopathic ex-aminers of another state or the duly constituted au-thorities of another state authorized to issue licensesto practice osteopathy upon examination, shall be en-titled to receive a license to practice osteopathy inthis state upon the payment of a fee of twenty-five

224 SESSION LAWS, 1.921. [Ch. 82.

SESSION LAWS, 1921.

dollars ($25.00) to the state treasurer and filing acopy of his license in such other state, duly certifiedby the authorities granting the license to be a full,true and correct copy thereof, and certifying alsothat the standard of requirements adopted by suchauthorities as provided by the law of such state isequal to that provided for by the provisions of thisact: Provided, That no license shall issue without ex-amination to any person who has previously failed inan examination held in this state: Provided, further,That all licenses herein mentioned may be revokedfor unprofessional conduct, in the same manner andupon the same grounds as if issued under this act:Providcd, further, That the term osteopathy, as usedin this act, shall be held to be the practice and pro-cedure as taught and recognized by the regular col-leges of osteopathy: Provided, further, That no oneshall be permitted to practice surgery who has not alicense therefor.


CHAPTER 83.[H. B. 2S7.]

APPROPRIATION FROM VETERANS' COMPENSATION FUND.

Ax ACT making an appropriation from the veterans' compensa-tion fund.


SECTION 1. For the purpose of carrying out the Appropria-

provisions of chapter 1 of the laws of the extraordi- 0,0'o.0nary session of 1920, there is hereby appropriated

-8

Ch. 83.] 225

from the veterans' compensation fund the sum ofeleven million dollars ($11,000,000), or so muchthereof as may be necessary.

SEc. 2. This act is necessary for the support ofEmergency. the state government and its existing public institu-

tions, and shall take effect immediately.Passed the House, March 1, 1921.Passed the Senate, March 7, 1921.Approved by the Governor March 14, 1921.

CHAPTER 84.[H. B. 252.]

SAVINGS AND LOAN ASSOCIATIONS.

AN ACT relating to savings and loan associations and declaringthat this act shall take effect immediately.


SECTION 1. That from and after the first day ofDbain o April, 1921, the director of taxation and examination

assumes halhvtduypowersand shall have the power, and it shall be his duty, throughduties. and by means of the division of banking, to exercise

all the powers and perform all the duties in relationto the organization, inspection, supervision and dis-solution of savings and loan associations, now vestedin and required to be performed by the state auditor.

SEC. 2. - The state auditor shall continue to per-When act form the powers and duties referred to in Section 1operates.

of this act until the director of taxation and examina-tion shall be appointed and shall have qualified.


tions and shall take effect immediately.Passed the House, March 3, 1921.Passed the Senate, March 7, 1921.Approved by the Governor March 14, 1921.


SESSION LAWS, 1921.

CHAPTER 85.[H. B. 310.1

INSTITUTIONS OF HIGHER LEARNING.

AN AcT relating to institutions of higher learning and amendingSec. 4745 of Pierce's Code.


SECTION 1. That Sec. 4745 of Pierce's Code beamended to read as follows:

Section 4745. There is hereby established a joint Joint board.

board of higher curricula composed of seven mem-bers, namely, the president of the University ofWashington, the president of the State College ofWashington, the president of one of the state normalschools to be selected by the presidents of the statenormal schools and four citizens of the State ofWashington who are in no way connected with theinstitutions of higher learning, to be appointed bythe governor. The selected members of the jointboard shall hold office for two years and shall serveuntil their successors are selected.


Ch. 85.} 227

SESSION LAWS, 1921.

CHAPTER 86.[S. B. 212.]

APPROPRIATIONS FOR PUBLIC HIGHWAYS.

AN ACT relating to public highways and making appropriationsfor the engineering, construction, improvement, maintenanceand paving of the primary and secondary highways of thestate and for the maintenance of streets in cities and towns,authorizing the construction of certain highways by days'work, and declaring that this act shall take effect immediately.


SECTION 1. For the maintenance of state high-Appropria- ways outside of incorporated cities and towns, andtion$2,800,000.00 of streets in cities and towns through which primaryprimaryhighway highways pass, there is hereby appropriated out ofmaintenancefund. the primary highway maintenance fund the sum of

two million eight hundred thousand dollars ($2,800,-000.00) to be distributed, paid, used and transferredin the manner provided by law.

SEC. 2. For the engineering, construction, im-Appropria- provement and/or paving of the primary and second-tion$9,690,000.00 ary highways of the state, heretofore or hereafterpublic high-way fund contracted for, there is hereby appropriated out ofand motorvehicle fund. the public highway fund and the motor vehicle fund,

or either as funds are available, the sum of nine mil-lion six hundred ninety thousand dollars ($9,690,-000.00) to be expended under the direction of thestate highway committee. The moneys appropriatedby this section are allotted to the respective high-ways hereinafter named in the amounts specified:Provided, That in case any allotment shall exceedthe requirements for the engineering, construction,improvement and/or paving of any particular high-way, then, and in that event the state highway com-mittee shall have the power and authority to expendthe balance remaining of any such allotment for the

228 [Ch. 86.


engineering, construction, improvement and/or pav-ing of any other highway or part thereof, set outin the following schedule:PACIFIC HIGHWAY

Everett North..................................$30,000.00Seattle to Blaine..............................1,100,000.00Seattle to Vancouver...........................1,470,000.00

OLYMPIC HIGHWAYOlympia to Discovery Bay.......................470,000.00East Beach to Forks........................... .100,000.00Quinault North ................................ .100,000.00Aberdeen to Perry Creek.........................430,000.00

NAVY YARD HIGHWAYCharleston to Union City........................280,000.00

NATIONAL PARK HIGHWAYTacoma to Rainier National Park................360,000.00Pacific Highway to Elbe ........................ 270,000.00

OCEAN BEACH HIGHWAYChehalis to Frances.............................240,000.00Chehalis to South Bend including bridge at Ray-

mond ....................................... 100,000.00Palix to Holman Beach..........................120,000.00Johnson's Landing to Nasel......................50,000.00Grays River P. 0. to Deep River..................150,000.00East Bank of Cowlitz River at Kelso,-West .... 200,000.00

NORTH BANK HIGHWAY

Clarke County Line to Underwood ................ 160,000.00Underwood to Lyle..............................300,000.00

SUNSET HIGHWAYCoalfield to Issaquah............................220,000.00Swauk Creek to Dryden.........................100,000.00Farmer to Hartline.............................320,000.00

NACHES PASS HIGHWAY

Green Water River East ........................ 125,000.00

INLAND EMPIRE HIGHWAY

Ellensburg to Selah.............................350,000.00Buena to Grand View............................240,000.00Prosser to Kennewick...........................50,000.00Dixie to Waitsburg..............................250,000.00Meadow Creek Bridge...........................20,000.00Central Ferry Bridge............................150,000.00Rosalia to Colfax...............................200,000.00Spokane to Dennison............................220,000.00Springdale to Meyers Falls......................325,000.00Kettle Falls North...............................50,000.00


PEND O'REILLE HIGHWAY

Newport, North ................................ $75,000.00

INLAND EMPIRE HIGHWAY-Eastern Division

Garfield to Pullman............................ 135,000.00Pomeroy to Clarkston.......................... 300,000.00

CHELAN AND OKANOGAN HIGHWAY

Chelan Falls to Okanogan County Line.......... .. 80,000.00Brewster to B. C. Line.......................... 75,000.00Trinidad to Columbia River .................... 100,000.00

ROOSEVELT HIGHWAY

Pateros to Winthrop........................... 25,000.00

NORTH CENTRAL HIGHWAY

Kittitas to Vantage Ferry...................... 60,000.00Wilson Creek to Marlin........................ 70,000.00

STATE ROAD No. 4Tonasket East.................................. 30,000.00Republic West ................................. 30,000.00

STATE ROAD No. 22Davenport to Detillion Bridge................... 70,000.00

CENTRAL WASHINGTON HIGHWAY

Connell to Ritzville.............................. 70,000.00

ROOSEVELT OR CASCADE HIGHWAY

Marble Mount easterly on the Roosevelt or Cas-cade Highway, to be determined by the statehighway committee after an examination as tothe feasibility of either route................ 20,000.00

SEC. 3. That part of the Olympic Highway be-Day labor tween Hoodsport and Brinnon and from Quinaultauthorized-*for certain north; that part of the Navy Yard Highway betweenimprove-inents. Holyoke Creek and Union City; that part of the

North Bank Highway between Cooks and Under-wood; that part of the Pacific Highway betweenBellingham and Blanchard; and that part of theNational Park Highway between Chop Hill and Ash-ford, may be constructed by day's work.

SEC. 4. This act is necessary for the support ofEmergency. the state government and its existing public institu-

tions and shall take effect immediately.Passed by the Senate March 7, 1921.Passed by the House March 7, 1921.Approved by the Governor March 15, 1921.

SESSION LAWS, 1921.

CHAPTER 87.(H. B. 282.]

DIKING DISTRICTS.

AN ACT relating to the issuance of bonds by the board of commis-sioners of diking districts in the state of Washington, andamending Section 4123 of Remington & Ballinger's AnnotatedCodes and Statutes of Washington (Section 1946-43 Pierce'sWash. Code).


SECTION 1. That section 4123 of Rem. & Bal.Code be and the same is hereby amended to read asfollows:

Section 4123. Upon the establishment of any dis- Bonds, whenand how

trict under the provisions of this chapter and the issued.

establishment of a system of diking therein as pro-vided for in this act, the board of commissioners ofsuch diking district may, upon petition of the landowners owning a majority of all the lands withinsuch district to be benefited thereby, issue bondsfor the total amount of the cost of construction ofsaid improvements, together with the costs of theestablishment thereof, including damages assessedand compensation made to land owners for right ofway and the expenses and costs of the entire pro-ceeding payable at a time not less than five yearsnor longer than ten years from the date thereof; andsuch commissioners may, at any time thereafterwithout such petition issue bonds for the purpose offunding any outstanding warrants or obligations ofsuch district, and in case of such last named issue,all the outstanding warrants of such district shallimmediately become due and payable upon receiptof the money by the county treasurer from the saleof said bonds, and upon a call of such outstandingobligations to be issued by him, which call shall bemade by said treasurer immediately upon receipt

Ch. 87.] 231

of the proceeds from the sale of said bonds by pub-lication for two weeks successively in the countypaper authorized to do the county printing, and suchwarrants and outstanding obligations shall cease todraw interest at the end of thirty days after the dateof the first publication of said call, such last namedbonds shall be payable at a time not less than fiveyears nor longer than ten years from the date there-of: Provided, That no bonds shall, under the pro-visions hereof, be sold for less than their par value.


CHAPTER 88.(S. B. 243.1

SUPPLEMENTAL APPROPRIATIONS.

AN ACT making an appropriation for the maintenance of andsundry expenses of the various state institutions and stateoffices, and for the sundry civil expenses of the state govern-ment and for miscellaneous purposes, and for the payment ofinterest on bonds, and making an appropriation for certaindeficiencies, and declaring this Act shall take effect immedi-ately.


SECTION 1. The following sums or as much there-Appropria- of as shall severally be found necessary, are herebytionauthorized. appropriated out of any moneys'of the several funds

of the state treasury hereinafter named, in paymentof salaries of certain officers an [and] employees ofthe state, and for the operation and maintenance ofthe various state institutions hereinbelow designatedand mentioned, and for other divers purposes here-inafter expressed for the fiscal term beginning April1, 1921 and ending March 31, 1923.


Ch. 88.] SESSION LAWS, 1921. 233FROM THE GENERAL FUND

FOR PAYMENT OF INTEREST ON VETERANS' BONUS BONDS(To be repaid to the General Fund from the

Veterans' Compensation Bond RetirementFund as soon as funds are available) ......... .$605,000.00

FROM THE VETERANS' COMPENSATION BONDRETIREMENT FUNDFor payment of interest on Veterans' Bonus

Bonds ..................................... 1,210,000.00

FOR THE STATE AUDITOR7S OFFICE:Salaries and Wages, Supplies, Material and Ser-

vice ......................... ... ......... 7,500.00

FOR PRINTING AND BINDING SESSION LAWS:

House and Senate Journals, other legislativeprinting and binding public documents....... .. 18,000.00

FOR THE STATE SCHOOL FOR GInLs:

Salaries and Wages................. $15,000.00Supplies, Material and Service....... .20,000.00

Total ...................................... 35,000.00

FOR THE STATE TRAINING ScHooL:

Salaries and Wages................. $25,000.00Supplies, Material and Service....... 15,000.00

Total ...................................... 40,000.00

FOR THE NORTHERN STATE HOSPITAL:

Salaries and Wages............................. 20,000.00

FOR THE STATE CUSTODIAL SCHOOL:

Salaries and Wages................. $10,000.00Supplies, Material and Service ...... 25,000.00

Total ...................................... 35,000.00

FOR THE ATTORNEY GENERALS OFFICE:

(Taxation Department)Salaries and Wages................. $9,500.00Supplies, Material and Service....... 5,000.00Capital Outlays..................... 500.00

Total ..................................... 15,000.00

FoR DEPARTMENT OF EFFICIENCY:Salaries and Wages, Supplies, Material and Ser-

vice and all other expenses while examiningstate departments............................15,000.00

FOB THE STATE GEOLOGICAL SURVEY.... .............. 10,000.00

Foa PACIFIC INTERNATIONAL STOCK Snow:

For payment of premiums to Washington ex- Vh.L. F. H.

hibitors ... . . . . . . . . . . . . . . . ..00 0.0


FOR THE SECRETARY OF STATE'S OFFICE:

(Bureau of Statistics)Salaries and Wages, Supplies, Material and Ser-

vice ..................................... $8,000.00For salaries and wages and all other expenses to

Vetoed carry out the provisions of Substitute SenateL. F. H. Bill No. 3, Legislative Session 1921........... . 13,500.00

Vetoed fFoR THE ELLENSBURG NORMAL:L. F. H. To complete dormitory......................... 12,000.00

FoB FIRST NATIONAL BANK OF COLVILLE:To pay mortgage on escheated property......... .. 1,256.70

FOR RELIEF oiF LOUISA A. CONNER:Refund of overpayment on Tide Land Contract

No. 330........................ .......... 448.06

FROM THE PUBLIC HIGHWAY FUND

FOR DOUGLAS COUNTY

Local Improvement Assessment against StateProperty in Sections 3, 4, 5, 6, 10, 13, 16, 19, 34and 36, Twps. 27 and 28, Ranges 26 and 27East ............................................ 1,586.71

FOR CITY OF OLYMPIA:

To assist in payment cost of bridge over Water-way, same being part of Olympic Highway... 30,000.00

FOR RELIEF OF HANS PEDERSON:For services performed and material furnished

the state, for which he has not been paid..... 15,000.00

FROM THE PERMANENT HIGHWAY FUND

FOR FURGUSON CONSTRUCTION COMPANY:

Account of Permanent Highway No. 2-M (fromthat part apportioned to King County) ...... ... 1,120.48

SEC. 2. This act is necessary for the immedi-Emergency ate preservation of public peace, health and safety,

and the support of the state government and it'sexisting public institutions, and shall take effect im-mediately.

Passed by the Senate March 8, 1921.Passed by the House March 9, 1921.Approved by the Governor, except for certain

items which are vetoed, March 16, 1921.

[Ch. 88.


CHAPTER 89.ES. B. 241.)

FEDERAL AID ROAD CONSTRUCTION.

AN ACT making an appropriation from the public highway fund,creating a revolving fund, to be applied in payment of federalproportion of cost of federal aid road construction, providingfor the payment of federal contributions into the public high-way fund, and declaring that this act shall take effect immedi-ately.


SECTION 1. That the state treasurer be and he is Federal

hereby authorized and directed to place in the state funds.

public highway fund any and all federal funds orwarrants received as custodian under the operationof the Federal Aid Road Act and the state act as-senting thereto, to be held in said public highwayfund subject to disbursement therefrom only in ac-cordance with the authority and appropriation setforth in section 2 of this act.

SEC. 2. That the sum of one million dollars ($1,- Appropria-tion fro)m000,000.00), or so much thereof as may be necessary, ublic high-way fundbut not in excess of the amount of federal funds or equal tofederal con-

warrants paid or pledged to be paid or reimbursed tributon.

on account of lawfully obligated federal contribu-tions under specific project agreements, be and thesame is hereby appropriated from any moneys avail-able in the public highway fund, the same to con-stitute a revolving fund to be used for the purposesspecified in. this act. The state auditor shall drawthe necessary warrants and the state treasurer paythe same from this appropriation, only upon vouch-ers and estimates approved by the state highwaycommissioner for work actually done upon federalaid projects and only to the extent thereof chargedto the federal contributing fund under specific pro-

Ch. 89.]

ject agreements executed by state and federalauthority.

SEc. 3. This act is necessary for the immediateEmergency. support of the state government and its existing in-

stitutions and shall take effect immediately.Passed by the Senate March 5, 1921.Passed by the House March 7, 1921.Approved by the Governor March 16, 1921.

CHAPTER 90.[S. B. 227.]

LAND SETTLEMENT.

AN ACT relating to the upbuilding of the agricultural resourcesof the state, establishing and defining a state policy for landsettlement, amending section 4, chapter 188, Laws of 1919,adding a new section to said chapter 188, to be known assection 11, and providing penalties for violations thereof.


SECTION 1. That section 4 of chapter 188, Lawsof 1919 be amended to read as follows:

Section 4. The board shall have power:To investigate and select for settlement suitable

Powers of areas of undeveloped lands in this state availablereclamationboard. for settlement:

To purchase and acquire on behalf of the statesuch privately owned lands as in its judgment areavailable for settlement, whenever the same shall bewithin the limits of an approved project and afterfull investigation and official approval thereof;

To subdivide any lands owned by the state andfound available for settlement, including lands pur-chased or acquired for that purpose, into tracts suit-able for farms and farm laborer's allotments;

To make on any such farms and farm laborer'sallotments such improvements as may be necessaryto render the same habitable and productive;


SESSION LAWS, 1921.

To accept from private owners deeds or other in-struments of trust relating to land and to subdivide,improve, and sell such lands;

To lease to prospective settlers any land selectedby the board of settlement;

To dedicate to public use appropriate tracts forroads, school houses or other public purposes;

To purchase and acquire under state laws anystate, school or granted lands of the state which theboard shall determine are available for settlementunder the provisions of this act, whenever the sameshall be within the limits of an approved projectand after full investigation and official approvalthereof:

To purchase and acquire lands in co-operationwith the United States under such conditions as maybe deemed advisable for the purposes of this act, andto convey the same under such conditions and re-strictions as may be approved by the secretary ofthe interior;

To arrange with the federal government for shar-ing in the expense of furnishing agricultural train-ing for settlers so as to render them better qualifiedfor the cultivation of their lands, under appropriateconditions of supervision by the federal govern-ment;

To sell and convey such improved farms andfarm laborer's allotments subject to the limitationsof this act;

To make such rules and regulations and performany and all acts as may be necessary and proper forthe purpose of carrying out the provisions of thisact.

If it shall appear that federal aid and co-opera-tion shall not be available, or the board shall deter-mine to adopt and proceed with any land settlementproject without federal aid and co-operation, thenand in such event the board may acquire lands for

Ch. 90.] 237

SESSION LAWS, 1921.

such land settlement project and conduct their settle-ment with moneys from the state reclamation fundappropriated for land settlement purposes.

The board shall have power and it shall be itsduty, upon request of any land settlement or colon-ization company operating in the state of Washing-ton, to make, or cause to be made, a careful examina-tion and, providing investigation warrants, tocertify to the following conditions in reference tosaid company and its project >

(1) That the land is siitable to agriculturalpurposes and in passing upon this feature it shallfirst procure a report from the Washington StateCollege and make such further investigations as theboard deems advisable;

(2) That its location in reference to markets,public roads, and transportation facilities makes itsuitable for colonization purposes;

(3) That the proposed plan of settlement andcolonization is in the interest of the settlers andespecially in reference to the following points:

(a) The price at which the land is proposed tobe sold;

(b) The aid to be rendered the settlers in im-proving the same;

(c) The rate of interest to be charged and thelength of time within which payments are to bemade.

(4) That provision is made for deferred pay-ments on the amortization plan maturing in not lessthan twenty years;

The expense incurred in making such examina-tion and certification shall be paid by the applicanttherefor.

Before any such certificate is issued such settle-ment and colonization company shall fully satisfythe board that it is able to and will faithfully carry

[Ch. 90.238

SESSION LAWS, 1921.

out its plan of settlement and colonization and allcontracts entered into with settlers.

Whenever any such certificate shall be issued itshall be lawful for such settlement and colonizationcompany to advertise the fact.that its plan of settle-ment and colonization has been approved by theState of Washington.

It shall be unlawful for any person, firm, or cor-poration to claim, represent, advertise, or hold outin any manner that the board has issued to him orit any such certificate mentioned in section 1 of thisact, unless such certificate has actually been soissued and unless such person, firm or corporationshall have fully complied with, and is complyingwith; such certificate and the terms and conditionstherein prescribed and the rules and regulations ofsaid board.

SEc. 2. That there be added to chapter 188,Laws of 1919, a new section to be known as section11, to read as follows:

Section 11. Any person, firm or corporation Penalty forviolations.

who shall violate any of the provisions of this actshall be guilty of a gross misdemeanor.


Ch. 90.] 239

SESSION LAWS, 1921.

CHAPTER 91.[S. B. 205.1

CONVEYANCE OF ABANDONED STATE HIGHWAY.

AN ACT directing issuance of a deed of conveyance to the Weyer-haeuser Timber Company of certain lands abandoned as astate highway.


Conveyance SECTION 1. That the Governor is hereby author-tdr ized in the name of the State of Washington, pur-

suant to a written agreement for right of way forstate highway entered into on or about the twenty-second day of August, 1917, between State of Wash-ington, by its State Highway Commissioner, andWeyerhaeuser Timber Company, to convey by quit-claim deed to said Weyerhaeuser Timber Companycertain premises heretofore forming a part of astate highway but now abandoned as such, situatein King County, Washington, and more particularlydescribed as follows:

A strip of land 60 feet wide being 30 feet oneach side of the center line as surveyed over andacross the NW'4 of NW'A, SW% of NW'A and theSE'A of NW% of section 19, township 23 north,range 9 east, W. M., said strip of land being moreparticularly described as follows:

Starting at the northwest corner of said section19, said township and range; thence east, along thenorth line of said section 19, 37.1 feet to the pointof beginning; thence S. 330 12' E. 2376.9 feet; thenceS. 600 48' E. 228.0 feet; thence N. 450 13' W. 209.4feet; thence N. 330 12' W. 2333.5 feet; thence west,along the north line of said section 19, 74.2 feet to

[Ch. 91.240

SESSION LAWS, 1921.

the point of beginning, containing in all 3.33 acres,more or less.

Passed by the Senate, February 28, 1921.Passed by the House March 7, 1921.Approved by the Governor March 16, 1921.

CHAPTER 92.[S. B. 133.]

LOCAL IMPROVEMENTS.

AN ACT relating to local improvements in cities and towns, andamending section 1012 Pierce's Code, section 7892-24 of Rem-ington & Ballinger's Annotated Codes and Statutes of Wash-ington.


SECTION 1. That section 1012 Pierce's Code, sec-tion 7892-24 of Rem. & Bal. Code be amended toread as follows:

Section 7892-24. Any city or town shall prescribe Payment of* . assessments.by ordinance within what time such assessments, or interestand

installments thereof, shall be paid; and shall pro- penalty.

vide for the payment and collection of interest there-on, at a rate not to exceed eight per cent per annum.Assessments or installments thereof, when delin-quent, in addition to such interest shall bear suchpenalty not less than five per cent as shall be bygeneral ordinance prescribed. Interest and penaltyshall be included in, and shall be a part of, the as-sessment lien. All local assessments becoming alien upon any property in any city or town afterthis act shall become effective, shall be collected bythe treasurer of such city or town, and all such liensshall be enforced in the manner herein prescribed:Provided, That in cities and towns other than cities

-941Ch. 92.

SESSION LAWS, 1921.

of the first class, delinquent assessments, or delin-quent installments thereof, shall be certified to thetreasurer of the county in which such city or townis situate and by him entered upon the general taxrolls and collected as other general taxes are col-lected: Provided, That after such certification anysuch city or town shall have the right to proceed inits own name to collect or enforce any such delin-quent assessment or delinquent installment. Thecounty treasurer shall remit to the city treasurer onthe tenth of each month all sums so collected. Alllocal assessments becoming a lien upon any propertyin any such city or town prior to the date this actshall become effective, shall be collected and suchliens enforced in accordance with the laws in forceand effect prior to the taking effect of this act: Pro-vided, That in the enforcement of any such liens,any city or town may proceed under the provisionsof this act, unless such proceeding shall have beenalready commenced.


242 [Ch. 92.

SESSION LAWS, 1921.


AMENDMENT OF PROBATE CODE.

AN ACT relating to the administration of estates of deceased per-sons and amending Section 163, Chapter 156 of Laws of 1917,being Section 9795 of Pierce's Washington Code.


SECTION 1. That Section 163 of Chapter 156 ofLaws of 1917, being Section 9795 of Pierce's Wash-ington Code, be amended to read as follows:

Section 163. Upon the date fixed for the hearing Hearing on

of such final report and petition for distribution, or fnalreport.

either thereof, or any day to which such hearing mayhave been adjourned by the court, if the court be sat-isfied that the notice of the time and place of hear-ing has been given as provided herein, it may proceedto the hearing aforesaid. Any person interestedmay file objections to the said report and petitionfor distribution, or may appear at the time and placefixed for the hearing thereof and present his objec-tions thereto. The court may take such testimonyas to it appears proper or necessary to determinewhether the estate is ready to be settled, and whetherthe transactions of the executor or administratorshould be approved, and to determine who are thelegatees or heirs or persons entitled to have the prop-erty distributed to them, and the court shall, if it ap-proves such report, and finds the estate ready to beclosed, cause to be entered a decree approving suchreport, find and adjudge the persons entitled to theremainder of the estate, and that all debts have beenpaid, and by such decree shall distribute the real andpersonal property to those entitled to the same. Thecourt may, upon such final hearing, partition amongthe persons entitled thereto, the estate held in com-

Ch. 93] 243

mon and undivided, and designate and distributetheir respective shares; or assign the whole or anypart of said estate to one or more of the personsentitled to share therein. That the person or per-sons to whom said estate is assigned shall pay orsecure to the other parties interested in said estatetheir just proportion of the value thereof as deter-mined by the court from the appraisement, or fromany other evidence which the court may require.

If it shall appear to the court at or prior to anyfinal hearing that the estate cannot be fairly divided,then the whole or any part of said estate may besold or mortgaged in the manner provided by lawfor the sale or mortgaging of property by executorsor administrators and the proceeds thereof dis-tributed to the persons entitled thereto as providedin the final decree. Upon the production of receiptsfrom the beneficiaries or distributees for their por-tions of the estate, the court shall, if satisfied withthe correctness thereof, adjudge the estate closedand discharge the executor or administrator.

The court shall have authority to make partition,Decree, distribution and settlement of all estates in any man-

ner which to the court seems right and proper, to theend that such estates may be administered and dis-tributed to the persons entitled thereto. No estateshall be partitioned, nor sale thereof made wherepartition is impracticable, except upon a hearing be-fore the court and upon the testimony of at leastthree disinterested witnesses previously appointedby the court for the purpose of viewing such prop-erty to be partitioned or sold. The court shall fixthe values of the several pieces or parcels to be par-titioned at the time of making such order of parti-tion or sale; and may order the property sold andthe proceeds distributed, or may order partition anddistribute the several pieces or parcels, subject to


SESSION LAWS, 1921.

such charges or burdens as shall be, proper andequitable.

The provisions of this section shall be concurrentwith and not in derogation of other existing statutesas to partition of property.


CHAPTER 94.[S. B. 106.]

TRUST COMPANIES.

AN ACT relating to banks and trust companies, and amendingsection 24 of chapter 80 of Laws of 1917.


SECTION 1. That section 24 of chapter 80 ofLaws of 1917, being Section 274 Pierce's Code, beamended to read as follows:

Section 24. Upon the issuance of a certificate of powrratetrustauthority to a trust company, the persons named in companies.

the articles of incorporation and their successorsshall thereupon become a corporation and shall havepower:

1. To execute all the powers and possess all theprivileges conferred on banks.

2. To act as fiscal or transfer agent of the UnitedStates or of any state, municipality, body politic orcorporation and in such capacity to receive and dis-burse money.

3. To transfer, register and countersign cer-tificates of stock, bonds or other evidences of indebt-edness and to act as attorney in fact or agent of anycorporation, foreign or domestic, for any purpose,statutory or otherwise.

Ch. 94.] 245

SESSION LAWS, 1921.

4. To act as trustee under any mortgage, orbonds, issued by any municipality, body politic, orcorporation, foreign or domestic, or by any individ-ual firm, association or partnership, and to acceptand execute any municipal or corporate trust.

5. To receive and manage any sinking fund ofany corporation upon such terms as may be agreedupon between such corporation and those dealingwith it.

6. To collect coupons on or interest upon allmanner of securities, when authorized so to do by theparties depositing the same.

7. To accept trusts from and execute trusts formarried women in respect to their separate propertyand to be their agent in the management of suchproperty and to transact any business in relationthereto.

8. To act as receiver or trustee of the estate ofany person, or to be appointed to any trust by anycourt, to act as assignee under any assignment forthe benefit of creditors of any debtor, whethermade pursuant to statute or otherwise, and to bethe depository of any moneys paid into court.

9. To be appointed and to accept the appoint-ment of executor of, or trustee under, the last willand testament, or administrator with or without thewill annexed, of the estate of any deceased person,and to be appointed and to act as guardian of theestates of lunatics, idiots, persons of unsound mind,minors and habitual drunkards: Provided, however,The power hereby granted to trust companies to actas guardian or administrator, with or without thewill annexed; shall not be construed to depriveparties of the prior right to have issued to themletters of guardianship, or of administration, assuch right now exists under the law of this state:And, be it further provided, That no trust companyor other corporation which advertises that it will

246 [Ch. 94.

SESSION LAWS, 1921.

furnish legal advice, construct or prepare wills, ordo other legal work for its customers, shall be per-mitted to act as executor, administrator or guardian;and any trust company or other corporation whoseofficers or agents shall solicit legal business or per-sonally solicit the appointment of such trust com-pany or corporation as executor, administrator orguardian shall be ineligible for a period of one yearthereafter to be appointed executor, administratoror guardian in any of the courts of this state.

Any trust company or other corporation whichadvertises that it will furnish legal advice, con-struct or prepare wills, or do other legal work forits customers, and any officer, agent or employee ofany trust company or corporation who shall solicitlegal business or personally solicit the appointmentof such trust company or corporation as executor,administrator or guardian shall be guilty of a grossmisdemeanor.

10. To execute any trust or power of whatevernature or description that may be conferred uponor entrusted or committed to it by any person orby any court or municipality, foreign or domesticcorporation and any other trust or power conferredupon or entrusted or committed to.it by grant, as-signment, transfer, devise, bequest or by any au-thority and to receive, take, use, manage, hold anddispose of, according to the terms of such trusts orpowers any property or estate, real or personal,which may be the subject of any such trust or power.

11. Generally to execute trusts of every de-scription not inconsistent with law.

12. To purchase, invest in and sell stocks,promissory notes, bills of exchange, bonds, deben-tures and mortgages and other securities and whenmoneys are borrowed or received for investment, thebonds or obligations of the company may be giventherefor, but no trust company hereafter organized

Ch. 94.] 247

shall issue such bonds: Provided, That no trust com-pany which receives money for investment and is-sues the bonds of the company therefor shall engagein the business of banking or receiving of eithersavings or commercial deposits: And, Provided,That it shall not issue any bond covering a periodof more than ten years between the date of its is-suance and its maturity date: And Provided, further,That if, for any cause, the holder of any such bondupon which one or more annual rate installmentshave been paid, shall fail to pay the subsequent an-nual rate installments provided in said bond suchholder shall, on or before the maturity date of saidbond, be paid not less than the full sum which he haspaid in on account of said bond.


CHAPTER 95.[S. B. 83.)

DISPOSITION OF MONEYS OF PERMANENTHIGHWAY FUND.

AN ACT relating to the county permanent highway maintenancefund, and amending section 5879-14 of Remington & Ballinger'sAnnotated Codes and Statutes of Washington, as amendedby Chapter 73 of the Laws of 1919, and section 1 of chapter118 of the Laws of 1917.


SEcTION 1. That section 5879-14 of Rem. & Bal.Code, the same being Sec. 6171 Pierce's Code, asamended by Chapter 73 of the Laws of 1919, beamended to read as follows:

Permanent Section 5879-14. For the purpose of raising rev-funwa enues for the improvement and maintenance of per-


SESSION LAWS, 1921.

manent highways under the provisions of this act,the proper state officers shall levy and collect a taxof one and one-half mills upon all property in thestate subject to taxation for the year 1913, and foreach year thereafter. All moneys derived from suchtax shall be paid into the state treasury and creditedto a fund to be known as the "Permanent HighwayFund." The amounts received from each countyshall be credited to the county paying the same, un-til such time as the same shall be expended on con-tracts for permanent highways within such county orfor the maintenance of the same under the prdvi-sions of this act, or for the payment of interest onor the redemption of bonds as provided herein. Notless than five nor more than fifty per cent, as maybe determined by resolution of the board of countycommissioners at their first meeting after the takingeffect of this act for the year 1921. and at their Jan-uary meeting in each succeeding year, of all moneys.credited in any year to each county under this actand which shall be derived from taxes levied for theyear 1912 and subsequent years shall be set asideand expended by the board of county commissioners,upon vouchers approved by such board, for main-taining and repairing roads constructed under theprovisions of this act and other roads of like char-acter, and no part of such per cent shall be expendedfor any other purpose. Whenever any county shallhereafter issue bonds of the county for the makingor improving of permanent highways or roads equalin character within such county,.the board of countycommissioners of such county may, at the time ofascertaining and levying taxes to pay the interest onsuch bonds or at the time of ascertaining and levy-ing taxes to accumulate a sinking fund for the re-demption of such bonds, by resolution entered upontheir minutes, apply the whole or any portion of thepermanent highway fund, then standing to the credit

Ch. 95.1 249

of such county on the books of the state auditor inexcess of the amount necessary to pay all contractsthen outstanding for the payment of which such fundis or may become liable to the payment of such in-terest or to such sinking fund. There shall be setforth in such resolution statements showing, first,the amount of all taxes levied in such county for thepermanent highway fund which have not been re-mitted to the state auditor or which remain uncol-lected and, second, all contracts for the paymentof which the permanent highway fund credited tosuch county is or may become liable. The commis-sioners may apply such amount to the payment ofinterest or into the sinking fund without levying thetax required by law to be levied for such purposes,or the commissioners may, in addition to the amountso applied, levy a tax in addition thereto either toraise funds for the payment of interest or for the re-demption of such bonds. A certified copy of suchresolution shall be transmitted to the state auditorand upon receipt thereof, he shall transmit theamount so applied to the county treasurer who shallcredit the same to the proper accounts for the pur-poses stated in such resolution.

SEC. 2. That section 1 of chapter 118 of theLaws of 1917, be amended to read as follows:

Section 1. There is hereby created in eachCounty county of the state a county fund to be known as thepermanenthighway permanent highway maintenance fund. The countymaintenancefund. officers of the various counties having the custody

and disposition thereof are directed to set aside andplace to the credit of said fund all moneys receivedfrom the state as provided in section 18, chapter 142,Laws of 1915, and all acts amendatory thereof andsupplementary thereto, and the per centum of thepermanent highway fund as provided in section5879-14 of Rem. & Bal. Code, which per centumof the permanent highway fund, as determined by


SESSION LAWS, 1921.

the resolution of the board of county commis-sioners at their first meeting after the taking effectof this act for the year 1921 and at their Janu-ary meeting in each succeeding year, shall be re-tained by the county treasurer and placed to thecredit of the permanent highway maintenance fundof said county.

SEC. 3. This act is necessary for the immedi- Emergency.

ate preservation of the public peace, health andsafety, for the support of the state government andits existing public institutions and shall take effectimmediately.


CHAPTER 96.[S. B. 220.]

MOTOR VEHICLES.

As ACT relating to the use of the public highways and the rightsand remedies of persons thereon, providing for the licensing ofmotor vehicles and collecting, distribution and expenditure offees therefor, fixing penalties for violations thereof, and re-pealing Chapter 153 of the Laws of 1913 and Chapter 142 ofthe Laws of 1915.


SECTION 1. Except as otherwise provided by scope of act.

law this act shall be controlling:(1) Upon the registration and numbering of

motor vehicles;(2) Upon the use of motor vehicles upon the

public highways;(3) Upon penalties for the violation of any of

the provisions of this act.

Ch. 96.] 251

SEC. 2. The words and phrases herein used, un-less the same be clearly contrary to or inconsistentwith the context of the act or section in which used,shall be construed as follows:

(1) "Motor vehicle" shall include all vehicles"Motor or machines propelled by any power other than mus-vehicle"Idefined. cular, used upon the public highways for the trans-

portation of persons, freight, produce or any com-modity, except traction engines temporarily uponthe public highway, road rollers or road makingmachines, and motor vehicles that run upon fixedrails or tracts; [tracks]

(2) "Automobiles" shall mean the ordinary"Autono- four-wheeled motor vehicles, and shall be synony-bile"defined. mous with the term "motor vehicle" except as other-

wise herein provided;(3) "Motor cycle" shall mean a motor vehicle

"Motor- of two or three wheels intended for the carrying ofcycle"defined. one, two or three persons, or operated by one per-

son for the carrying of parcels or packages;(4) "Auto stage" as distinguished from "auto-

"Auto stage" mobile" shall mean a motor vehicle used for the pur-defined. pose of carrying passengers, baggage and freight

on a regular schedule of time and rates: Provided,however, That no motor vehicle shall be consideredan auto stage where the whole route traveled by suchvehicle is within the corporate limits of any incor-porated city;

(5) "Motor truck" shall mean any motor ve-"Motor hicle designed or used for the transportation of com-truck"defined. modities, merchandise, produce, freight or animals;

(6) "Trailer" shall mean any vehicle which is"Trailer" attached to a motor vehicle for the purpose of beingdefined.

drawn or propelled by such motor vehicle;(7) "Public highway" or "public highways"

'ublic shall include any highway, state road, county road,defined. public street, avenue, alley, driveway, boulevard or

other place built, supported, maintained, controlled


SESSION LAWS, 1921

or used by the public or by the state, county, districtor municipal officers for the use of the public as ahighway, or for the transportation of persons orfreight, or as a place of travel or communicationbetween different localities or communities;

(8) "Local authorities" shall include the offi- ,Localauthorities"

cers of counties, cities or towns or other municipal defined.

subdivisions of the state having control, power orauthority over any of the subject matter embracedin this act;

(9) "Peace officer" or "peace officers" shall be "Peaceofficer"

taken to mean any officer or officers authorized by defined.

law to execute criminal process or to make arrest forthe violation of the statutes generally or of any par-ticular statutes relative to the public highways ofthe state;

(10) "Dealer" shall be taken to mean any per- "Dealer". defined.

son, firm or corporation engaged in the sale of newor second-hand motor vehicles;

(11) "Privately owned" shall include all motor "Privatelyowned"

vehicles not operated for hire, and shall include defined.

hearses, ambulances, or any other motor propelledvehicle used exclusively in connection with the con-duct of funerals.

(12) "For hire" shall be taken to mean all mo- "Forhire"

tor vehicles other than auto stages, used for the defined.

transportation of persons, for which transportationremuneration of any kind is received, either directlyor indirectly.

(13) The word "Operator" wherever used in "Operator"defined.

this act shall be held to mean any person who op-erates or drives a motor vehicle.

SEC. 3. The secretary of state, acting through Superision

the county auditors of the several counties of the licenses.

state of Washington as hereinafter provided, shallhave the general supervision of the issuing of motorvehicle licenses and of the collecting of fees thereforand shall have full power to do all things necessary

Ch. 96.] 253

and proper to carry out the provisions of this act;he shall have the power to appoint a deputy or depu-ties and such clerk or clerks as may be requiredfrom time to time, and may purchase all materialsand make all expenditures as may be necessary here-under. i

It shall be the duty of the secretary of state tomake and furnish to each county auditor, and to suchpersons as may be in any manner responsible for thecollecting of the motor tax as hereinafter providedfor, a tabulated list of all motor vehicles of the pri-vately owned class, except motor cycles, giving themake, model, year, shipping weight as given by themanufacturer and setting opposite each descriptionthe license fee charged therefor.

SEc. 4. (1) It shall be unlawful for any per-Unlawful son under the age of fifteen (15) years to operate oractsenumerated. drive any motor vehicle upon the highways of this

state, except when accompanied by parent orguardian.

(2) It shall be unlawful for any person underthe age of eighteen (18) years to operate or drivea motor truck having a capacity load of four tons ormore.

(3) It shall be unlawful for any person underthe age of twenty-one years to operate or drive amotor vehicle while being used for the transporta-tion of persons for hire: Provided, however, Uponapplication to the Director of Licenses a special per-mit may in his discretion be given to a person underthe age of twenty-one years.

SEc. 5. Application for a motor vehicle licenseApplication shall be made to the secretary of state on blanks toand showingby applicant be furnished by him. Such application shall be madefor motorvehicle by the owner of the vehicle, or his duly authorizedlicense.

agent, over the signature of such owner or agent,and he shall certify that the statements therein are


SESSION LAWS, 1921.

true to the best of his knowledge. The applicationmust show:

(1) Name and address of the owner of the ve-hicle.

(2) Trade name of the vehicle, the model, year,type of body, factory number and motor numberthereof.

(3) The power to be used, whether electric,steam, gas or other power.

(4) The purpose for which said vehicle is to beused and the nature of the license required.

(5) The rated carrying capacity of such vehicle,which in cases of auto for hire, auto stages or autostage trailers shall be the adult seating capacitythereof and in cases of motor trucks or trailers shallbe the rated capacity load as given by the manufac-turer: Provided, That no license shall be issued ona truck or trailer for less than the rated carryingcapacity as given by the manufacturer: Provided,further, That if the secretary of state is unable toobtain the rated carrying capacity of any particularmake or model of truck or trailer he may, by generalrules and regulations adopted and published fromtime to time, prescribe the method of ascertainingsuch rated carrying capacity and proof thereof bycertificate, affidavit or otherwise.

(6) The weight of all automobiles for privateuse, which shall be determined by the shippingweight thereof as given by the manufacturer: Pro-vided, however, That if the secretary of state is un-able to obtain such shipping weight on any particularmake or model of automobile he may by generalrules and regulations adopted and published fromtime to time prescribe the method of ascertainingsuch weight and the proof thereof by certificate, af-fidavit or otherwise which shall accompany the ap-plication for license when the same is forwardedto the secretary of state and the owner of the vehicle

Ch. 96.] 255

shall pay the license fee in accordance with weightshown on such certificate, affidavit or other proof.

(7) The weight of all automobiles for hire, autostages and motor trucks, which shall be determinedin such manner and proven by certificate, affidavit orotherwise as may be prescribed by general rules andregulations adopted and published from time to timeby the secretary of state.

The certificate, affidavit or other proof of weightof automobiles for private use, automobiles for hire,auto stages and motor trucks prescribed by the sec-retary of state as hereinbefore provided for must beattached to and accompany the application for li-cense which is forwarded to the secretary of state.The secretary of state is hereby forbidden to acceptany application for a license unless such certificate,affidavit or other proof of weight as provided forherein is furnished him at the time the appplicationis made and the fee paid in accordance with theweight given upon such certificate, affidavit or otherproof: Provided, however, That in determining theweight of vehicles as provided for in this section nofraction of 100 pounds shall be taken into considera-tion, but where such fraction occurs the fee shall ob-tain upon the next lowest 100 pounds.

(8) Such other information as shall be requiredby the secretary of state.

(9) Application for dealers license shall beApplication made direct to the secretary of state upon blanks toand showingby applicant be furnished by him, accompanied by the fee as here-for dealer'slicense. inafter provided. Such application shall be made by

the dealer or his authorized agent and he shall cer-tify that the statements therein are true to the bestof his knowledge.

The application must show:(A) Name under which business is conducted.(B) Location of business (street, city or town

and county).


SESSION LAWS, 1921.

(C) Name and address of all owners or personshaving an interest in the business, except that incase of a corporation the name and address of thetwo principal officers will be sufficient.

(D) Name and make of all new vehicles handled.(E) Whether or not used cars are handled.(F) A certificate to the effect that the applicant

is a bona fide dealer in motor vehicles, with an es-tablished place of business at the location given,such certificate to be signed by the chief of policeor town marshal. (If an incorporated city or town),by the sheriff of the county (if not in an incorporatedcity or town).

(G) Such other information as shall be requiredby the secretary of state.

SEC. 6. Upon receipt of such application accom- Filing

panied by the proper fee, the county auditor shall applicaton.

give one copy to the applicant, retain one for thecounty files, and immediately forward the original,together with the proper fee, to the secretary ofstate. The county auditor shall, at the expense ofthe county issuing the same, furnish the applicantwith a temporary.number printed upon durable card-board, which number shall be displayed always onthe vehicle and shall entitle the licensee to operatethe same for a period of thirty days from and afterthe date of such application. Immediately on re-ceipt of the state license and permanent numberplates, such temporary number shall be returned tothe county auditor.

All temporary number plates shall contain the Tenorary

name of the county issuing the same, together with plates.

the date of such issuance; the letters "Wn." and theyear in which such license shall expire; and shall bedisplayed upon said vehicle in the same relative posi-tion as is hereinafter provided for the displaying ofthe permanent number: Provided, That the secre-

-9

Ch. 96.] 257

tary of state may at his option furnish to the cpuntyauditor temporary permits of such design as he maydetermine which may be used instead of the tem-porary number above provided for, which temporarypermits, when furnished shall be used under suchrules and regulations as the secretary of state maydetermine.

SEC. 7. The secretary of state shall, upon re-Issue of ceipts of the application for a motor vehicle licenselicense.

accompanied by the required fee, place the originalapplication on file in his office and thereupon issueto such applicant a license for such motor vehicle,stating therein the number to be displayed on suchmotor vehicle, as hereinafter provided, and author-izing the use of such vehicle upon the public high-ways for and during the current calendar year:Provided, That if such application is received dur-ing the month of December in any year a licenseshall be issued therefor, which license shall be validup to and including December 31, of the ensuing cal-endar year.

SEC. 8. No license shall, be transferred fromTransfer of one person to another person, but may be transferredlicenses toother from one vehicle to another vehicle, when duly au-vehicles.

thorized by the secretary of state on applicationtherefor, accompanied by the proper fee, and in casesuch vehicle to which it is desired to have such licensetransferred requires a greater fee than the vehiclefor which the original license was issued, the appli-cant shall accompany such application with the ad-ditional amount required to cover the difference be-tween the license fees for the two ratings. A licensemay be transferred from one classification to a dif-ferent classification upon application to the secre-tary of state and the payment of the difference be-tween the license fee originally paid and the feeprovided by this act for the class to which the trans-fer is made, together with an additional transfer fee

258S SESSION LAWS, 1921. [Ch. 96.

SESSION LAWS, 1921.

of one dollar ($1.00) : Provided, That no refund shallbe made if the fee fixed by this act for the class ofvehicle to which such transfer is made be less thanthe fee originally paid: Provided, however, Theoriginal license and the number plates must be re-turned at the time application for transfer is made.

SEC. 9. A license to be valid must have endorsed Duty tocarry

thereon the signature of the owner (if a firm or cor- license.

poration the signature of one of its officers, or otherduly authorized agent), must be enclosed in a suitablecontainei and attached to the steering post or uponthe instrument board of the vehi6le for which it wasissued, at all times. The said container shall havea cover of transparent material through which thecertificate may be inspected as to the informationshown thereon, including the signature of the owner.Any person in charge of such vehicle shall upon de-mand of any of the local authorities or of any peaceofficer or of any representative of the secretary ofstate's office permit an inspection of the same. Uponapplication supported by affidavit of loss or destruc-tion of a license and upon payment of the fee re-quired tlherefor, a duplicate copy thereof shall beissued.

SEC. 10. A dealer's license and a pair of dis- Demonstra-tion license

tinctive number plates shallbe issued to an actual to dealers.

dealer for any and all motor vehicles owned, handled,or dealt in by him and for the fees hereinafter spe-cified, but shall not be used upon any motor vehiclewhile the same is being operated for hire, or for thetransportation of any produce, freight or commod-ity unless the same is for the actual use of the dealerowning the vehicle so transporting such produce,commodity or freights: Provided, however, That nomotor vehicle transporting any produce, commodityor freight under a dealer's license shall exceed oneton in carrying capacity: Provided, further, Thatnothing in this section shall be construed to prohibit

Ch. 96.] 259

the use of a motor vehicle of under one ton capacityfrom rendering assistance to, or transporting neces-sary supplies to, a motor vehicle which has becomedisabled.

Such number plates, or duplicates thereof, shallbe displayed on every motor vehicle by such dealerwhenever the same is operated or driven upon anypublic highway in this state: Provided, That when-ever a dealer shall maintain a branch or sub-agency,he shall apply for a, separate registration for suchbranch, or sub-agency, and shall pay therefor the feehereinafter provided for an original dealer's license.

SEC. 11. The provisions of the foregoing sec-Rights of tions relative to registration of motor vehicles andnon-

rsidet display of license numbers and licenses shall not ap-ply to a motor vehicle owned by a non-resident ofthis state, other than a foreign corporation doingbusiness in this state: Provided, That the ownerthereof has complied with the laws of the foreigncountry, state, territory or federal district of hisresidence relative to registration of motor vehiclesand the display of license numbers thereon as re-quired thereby. The provisions of this section, how-ever, shall be operative as to a motor vehicle ownedby a non-resident of this state only to the extent thatunder the laws of the foreign country, state, terri-tory or federal district of his residence, like exemp-tions and privileges are granted to motor vehiclesduly registered and licensed under the laws of andowned by residents of this state.

SEC. 12. The secretary of state shall furnish toNumber such licensee of a motor vehicle two number platesplates

urned y containing the nujmber to be displayed on such ve-state. hicle as hereinafter provided. The number shall be

in block numerals and of such size as the secretaryof state may determine, and shall be preceded by theletters "Wn" and by the last two numerals of theyear in which such license shall expire, and such


SESSION LAWS, 1921.

number plate, if issued to a dealer, shall contain theword "Dealer." The secretary of state may putsuch other mark or character on such plates or fixthe color of same as he may determine, to properlyidentify the kind of license issued. Such plates shallbe obtained by the secretary of state on competitivebids.

SEC. 13. Immediately upon the sale of any mo- Removal ofnumbertor vehicle and prior to the date of delivery of the plates in

I case ofsame the vendor shall remove his license and num- sale.

ber plates therefrom and shall immediately send thesecretary of state a statement of such sale, showingthe date thereof, the name and address of the pur-chaser and the name and motor number of thevehicle.

SEC. 14. Upon the loss or defacement or de- Duplicateplates in

struction of any number plate or plates or when for case of de-facement or

any reason the letters or figures upon the number loss.plate or plates become illegible or in such a condi-tion to be difficult to distinguish, application sup-ported by affidavit setting forth such fact must bemade to the secretary of state for new plates. Theapplication must be accompanied by the fee of $2.00,together with the original license certificate. Uponreceipt of the same the secretary of state shall can-cel such number and issue a new license certificateand number plates bearing the next consecutive un-assigned number. The secretary of state shall for-ward to all chiefs of police of incorporated cities andtowns, to the sheriffs of the various counties of thestate at least once each month a list of all numberplates so cancelled: Provided, however, That theabove provision shall not apply to dealer's plates.

SEC. 15. All fees herein authorized to be col- Schedule

lected shall be as follows unless otherwise provided:ANNUAL FEES.

MOTOR CYCLES.All .............................................. ..... $6.00

Ch. 9 6.] 261

SESSION LAWS, 1921. [Ch. 96.

AUTOMOBILES.

AUTOMOBILES FOR PRIVATE USE.

W eighing 1,500 pounds or less.......................... $10.00Weighing 1,500 pounds or more $10.00, and 60 cents per

hundred weight for all excess over 1,500 pounds.

AUTOMOBILES FOR HIRE.

Weighing 1,500 pounds or less, $20.00, and, in additionthereto at the rated carrying capacity, per person..... 3.00

Weighing more than 1,500 pounds, $20.00, and 60 centsper hundred weight for all excess over 1,500 pounds,and in addition thereto, at the rated carrying capacity,per person ........................................ 3.00

AUTO STAGES.

Weighing 1,500 pounds or less, $25.00, and, in additionthereto, at the rated carrying capacity, per person.... 3.00

Weighing more than 1,500 pounds, $25.00, and 60 cents perhundred weight for all excess over 1,500 pounds, and inaddition thereto at the rated carrying capacity, perperson ............................................. .3.00

AUTO STAGE TRAILERS.

Weighing 1,500 pounds or less, $10.00, and at the ratedcarrying capacity per person......................... 3.00.

Weighing 1,500 pounds or more, $10.00, and 60 cents perhundred weight for all excess over 1,500 pounds, andin addition thereto at the rated carrying capacity perperson ............................................. 3.00

MOTOR TRUCKS.

Weighing 1,500 pounds or less.......................... 10.00

Weighing more than 1,500 pounds and not to exceed 6,500pounds ............................................. 10.00(And 40 cents per hundred weight for all in excess of

1,500 pounds and in addition thereto 40 cents perhundred weight at the rated carrying capacity.)

Weighing more than 6,500 pounds, $10.00, and 50 centsper hundred weight for all in excess of 1,500 poundsand in addition thereto 50 centsper hundred weightat the rated carrying capacity.

Trailers used as trucks shall be classified and rated as,and shall pay the same fees as hereinbefore pro-vided for motor trucks of like weight and capacity.

DEALERS' LICENSES.

Dealers in motor cycles................................ 10.00Dealers in all other motor vehicles regardless of weight.. 50.00Additional dealers' license plates, bearing same number

except motor cycle dealers' licenses.................. 10.00

262

SESSION LAWS, 1921.

GENERAL FEES.

Duplicate license certificates, each...................... $1.00Dealers' duplicate plates, each.......................... 5.00Transfer of .motor vehicle licenses, each................. 1.00

Provided, It shall be unlawful for any privateor corporation car to carry passengers for hire, ex-cept that this provision shall not apply to privateautomobiles that shall be operated for hire for aperiod of one week or less and for which a specialpermit so to operate shall have been obtained fromthe county auditor. The fee for any such permitshall be for each automobile the sum of five dollars($5.00).

At the time any application for a license or atransfer of license is made to the county auditor asprovided elsewhere in this act, the applicant shallpay to the county auditor the sum of twenty-fivecents for each application, in addition to the licensefee provided for in this section, which fee shall bepaid to the county treasurer in the same manner asother fees, collected by the county auditor and cred-ited to the county current expense fund.

SEC. 16. For all motor vehicle licenses issued Fees forpartial year.between the first day of September and the 30th dayof November of any year only one-half the ratenamed in section 15 shall be charged.

SEC. 17. Motor vehicles and trailers owned by Exemption

the State of Washington, or by the counties, county from neense.

game commissions, cities and school districts there-in, and used exclusively by them, and all motor ve-hicles owned by the United States Government, andused exclusively in its service, shall be exempt fromthe payment of the license fees herein provided:Provided, however, Such vehicle shall be registeredas prescribed in this act and shall display upon themachine the number plates assigned by the secretaryof state, and, except in caseof the federal govern-

Ch. 96.1 263

ment, shall pay for such number plates a fee of onedollar ($1.00).

SEC. 18. There is hereby created in the stateDisposition treasury a state fund to be known as the "motorof fees. trauyasaefntobknwaste" tr

vehicle fund," and a state fund to be known as the"primary highway maintenance fund." All feescollected by the state treasurer, as herein providedshall be paid into the state treasury and placed tothe credit of the motor vehicle fund, from whichshall be paid or transferred annually:

First: One-half of the amount appropriated forthe biennium for the motor vehicle department inthe director of licenses' office for the issuing of li-censes;

Second: The amount required to be repaid tothe counties entirely surrounded by water;

Third: The sum of one million four hundredthousand dollars ($1,400,000), which shall be trans-ferred and placed to the credit of the primary high-way maintenance fund;

Fourth: The balance remaining in the motorvehicle fund after the payments and transfers here-inabove provided for shall be applied annually topaving and general road construction of the stateprimary highways as provided by appropriation.

The moneys in the primary highway mainten-ance fund shall annually be distributed, paid, usedand transferred as follows:

First: To each city of the first or second classin the state in which there are streets forming a partof the route of any primary state highway throughsuch city, there shall be remitted by the state auditor,by warrant drawn on the state treasurer and pay-able from the primary highway maintenance fund,a sum equal to five hundred dollars ($500) per milefor each mile of primary highway in such city, to beexpended for the maintenance and improvement ofstreets therein;


SESSION LAWS, 1921.

Second: To each city of the third or fourth classin which there are streets forming a part of theroute of any primary state highway through suchcity, there shall be remitted by the state auditor, bywarrant drawn on the state treasurer and payablefrom the primary highway maintenance fund, a sumequal to three hundred dollars ($300) per mile foreach mile of primary highway in such city, to beexpended for the maintenance and improvement ofthe streets forming a part of primary highwaystherein; Provided, The Director of Public Worksmay give the city or town authorities permission toexpend said maintenance money upon the other cityor town streets;

Third: To each of the counties in the state inwhich are located primary highways there shall becredited a sum equal to three hundred dollars ($300)per mile for each mile of primary highway which isnow or may hereafter be constructed on permanentlocation according to state specification;

Fourth: Any balance that may remain in theprimary highway maintenance fund after making thepayments and credits hereinabove provided for shallbe credited to the several counties, other than coun-ties entirely surrounded by water, in proportion tothe amounts of money paid into the permanent high-way fund by the several counties.

The moneys credited to the several counties, otherthan counties entirely surrounded by water, or somuch therof as may be necessary, shall be expendedby the boards of county commissioners of the sev-eral counties under the direction of the director ofpublic works, for the maintenance of the primaryhighways within the respective counties.

Any unexpended balance of the moneys placedto the credit of any county as above provided, whichmay remain at the end of any calendar year, shallbe transferred to the permanent highway fund and

Ch. 96.] 265

placed to the credit of the county to. be expendedin the manner provided by law: Provided, That if itshall appear to the satisfaction of the director ofpublic works at any time prior to the end of thecalendar year, that after providing for all necessarymaintenance of primary highways in the county forthe year, there will remain surplus funds to the creditof the county, he may certify such fact to the statetreasurer, stating definitely the amount of moneythat will not be needed for maintenance, and suchamount shall thereupon be transferred to the per-manent highway fund and placed to the credit of thecounty to be expended in the manner provided bylaw.

All primary highways and streets, in order tocome under the provisions of this act for mainte-nance purposes, must be of a character equal to thestandard of permanent highway construction. Thedirector of public works through and by means ofthe division of highways shall determine whatstreets in cities and towns form a part of the rout eof any primary highway and shall, between the fif-teenth day of February and the fifteenth day ofMarch of each year, certify in triplicate, one copy tothe state treasurer, one copy to the county commis-sioners of each such county and one copy to the clerkof each city affected by the provisions of this act,the number of miles of such constructed highwayswithin such county, city or town forming a part ofthe route of a primary highway.. The powers and duties vested by this act in thedirector of public works shall be exercised and per-formed by the highway commissioner until such timeas the director of public works shall be appointed,qualified and exercise and assume the duties of hisoffice.

Number SEc. 19. The authorized number plates of eachplates, h twvicle shall be attached at theattached. motor vehilshlbeatcd conspicuously a h

26 . SESSION LAWS, 1921. [Ch. 96.

SESSION LAWS, 1921.

front and rear of such vehicle and in such mannerthat they can be plainly seen and read at all times.Each number plate shall hang in a horizontal posi-tion at a distance of not less than one foot nor morethan four feet from the ground, and each numberplate shall be kept clean so as to be plainly seen andread at all times.

It shall be unlawful to display upon the frontor rear of any motor vehicle any number plate otherthan those furnished by the secretary of state or todisplay upon any motor vehicle any such numberplates which have in any manner been changed, al-tered or disfigured, or have become illegible.

SEc. 20. It shall be unlawful for any person, Limitationson gross

firm or corporation to operate any vehicle of four weight ofvehicle.

wheels or less over and along the roads in this statewhose gross weight including load is more than24,000 pounds, or any vehicle having a greaterweight than 22,400 pounds on one axle, or any vehiclehaving a combined weight of over 800 pounds perinch width of tire upon any wheel concentrated uponthe surface of the highway (said width of tire in thecase of solid rubber tires to be measured between theflanges of the rim): Provided, That in special casesvehicles whose weight including loads exceeds thoseherein prescribed, may operate under special writtenpermits, which must be first obtained and under suchterms and conditions as to time, route, equipment,speed and otherwise as shall be determined by thedirector of licenses if it is desired to use a state high-way; the county commissioners, if it is desired to usea county road; and the city or town council, if itis desired to use a city or town street; from eachof which officer or officers such permit shall be ob-tained in the respective cases. Provided, That nomotor truck or trailer shall be driven over or on apublic highway with a load exceeding the licensedcapacity: Provided, further, Upon the conviction of

Ch. 96.] -96

any person, for a second violation of the provisionsof this section, the court or judge before whom suchconviction is had, may in its or his discretion, inaddition to the imposition of any penalties pro-vided by law, suspend the license provisions for saidtruck for a period of thirty days, and upon a thirdconviction, the court or judge may in its or his dis-cretion, in addition to-the imposition of any penaltiesprovided by law, suspend said license covering thevehicle involved in such violation for a period ofthree months.

SEc. 21. Every motor vehicle using an internalUseo combustion engine, shall use an exhaust muffler, andexhaust cmuto nie hl s nehutmflr nmuffler. the same shall not be cut out or disconnected.

SEC. 22. Every motor vehicle operated or drivenExhibition upon the public highways of this state shall exhibitof lights.

during the period from one-half hour after sunsetto one-half hour before sunrise and at all times whenfog or other atmospheric conditions render the op-eration of said vehicle dangerous to traffic or the useof the highways, at least two head-lamps, one on eachside of said vehicle showing white or yellow tintedlights visible at least five hundred feet or more inadvance of said vehicle. Such motor vehicle or anytrailer attached thereto shall have attached to therear not less than one lamp showing a red light vis-ible at least two hundred feet in the rear of suchvehicle, and the same light or additional light cast-ing white rays of sufficient strength on the rear num-ber plate thereof, so that such number plate may beeasily read at a distance of at least sixty feet: Pro-vided, That motor cycles shall be required to carryonly one light in the front thereof, which shall showwhite or yellow tinted rays visible at least five hun-dred feet in advance of such motor vehicle: Provided,further, That it shall be unlawful to display anylight showing red to the front of any motor vehicle.Every motor truck, the body of which exceeds six


SESSION LAWS, 1921.

(6) feet in width shall exhibit during the hours ofdarkness, in addition to the above required lights,a white light on the left side of the machine definingthe limit of the body of the machine or the over-hanging load, if any there be, and beyond the out-side thereof, the said light shall be so fixed or car-ried that the light therefrom may be seen both fromthe front and rear of said motor truck. Every mo-tor truck, automobile or trailer carrying a loadwhich projects over the rear end three feet or moreshall be required to display a red flag by day and ared light by night, on the extreme rear end of suchoverhanging load. No person shall install or use alight of more than twenty-seven candle power in anymotor vehicle headlamp equipped with a reflector. Itshall be unlawful to use on a motor vehicle of anykind operated on the public highways of this stateany lighting device of over four candle powerequipped with a reflector, unless the same shall beso designed, deflected or arranged as to deflect ordiffuse the light and to produce sufficient light to re-veal objects at least one hundred and fifty feet aheadthereof and ten feet on either side of the center lineof said vehicle measured at a distance of ten feetin front thereof and in such manner that the beamof light therefrom, when measured seventy-five feetor more ahead of the lamps shall not rise aboveforty-two inches from the level surface on which thevehicle stands under all conditions of load.

The term "Beam of light" shall be construed to "t of

mean the reflected rays of light which are projected defined.

approximately parallel to the optical axis of the re-flector.

A light shall be deemed "diffused" when pro- "Dirued"

duced by a headlamp which has the entire surface ofthe glass front etched, ground, sand blasted or soformed that the light emitted therefrom is entirelydispersed.

269Ch. 96.]

The above provisions of this act shall not applySpot lights. to spot lights but all spot lights shall, while in use

upon the highways of this state, be so directed thatthe beams of light therefrom shall strike the road-way at a point at least six (6) feet to the right andnot more than seventy-five (75) feet in front thereofwhen approaching a vehicle.

In any prosecution under this act, the candlepower indicated on the headlight bulb from any elec-tric headlamp shall be and constitute priia, facieevidence of the light candle power of such headlamp.

All vehicles, other than motor vehicles, when op-erated upon the highways between one-half hourafter sunset and one-half hour before sunrise and atall times when fog or other atmospheric conditionsrender the operation of said vehicles dangerous totraffic or the use of the highways, shall display on theleft side of said vehicle a white light which must bevisible from the front and rear for a distance notless than two hundred (200) feet in either direction.

It shall be unlawful to sell or offer for sale, orhave in possession with intent to sell, any vehicle ofany kind for operation. on the public highways ofthis state equipped with any lighting device of overfour candle power with a reflector unless such light-ing device shall conform to the provisions of the pre-ceding paragraphs of this section.

SEC. 23. Every motor vehicle operated orBrakes. driven upon the public highways of this state, shall

be equipped with two sets of independently operatedbrakes, either of which shall be sufficient to controlthe vehicle at all times: Provided, That motor cyclesshall only be required to have one brake capable ofcontrolling the same at all times.

SEc. 24. Every motor vehicle shall be providedSignalling with a suitable bell, horn or other signalling devicedevice.ha

which shall be rung or blown as a. signal or warning*

270 SESSION LAWS, 1.921. . [Ch. 96.

SESSION LAWS, 1921.

to any person or whenever there is danger of col-lision or accident.

SEC. 25. Every owner or operator of any motor mrrorrequired

vehicle so constructed or loaded as to prevent an un_ when.

obstructed view directly to the rear, used on the pub-lic highways of this state, shall equip such motor ve-hicle with a mirror or other device to enable thedriver thereof to have such a clear and unobstructedview of the rear as will enable him to obey the "rulesof the road" when overtaken by any other vehicle.

SEC. 26. All vehicles operated on the highways of Hand andarm signals.

this state which are so constructed that hand and armsignals given by the driver are not visible at the rearof said vehicle, must be equipped with a suitable me-chanical or electrical device approved by the secre-tary of state capable of giving unmistakable signalsas to the intention of the driver to stop or turn suchvehicle.

SEC. 27. It shall be the duty of every person oper- Rate of

ating a motor vehicle on the public highways of this speed.

state to drive the same in a careful and prudent man-ner. It shall be unlawful for any person to operateor move any motor iehicle at a rate of speed fasterthan thirty miles per hour, or, within any corporatelimits of any city or town, at a rate of speed fasterthan twenty miles per hour, or, over or across anystreet intersection within the corporate limits of anycity or town, or within one hundred yards of anyschool house, on school days between eight o'clock inthe morning and five o'clock in the evening, at a rateo speed faster than twelve miles per hour,-or in anycase at a rate of speed that will endanger the prop-erty of another or the life or limb of any person. Itshall be unlawful to operate any motor truck equip-ped with pneumatic tires over or along the highwaysof this state at a greater rate of speed than twenty-five miles per hour; or any motor truck of a gross

Ch. 96.] 271

weight including load as hereinafter providedequipped with solid rubber tires at a greater rate ofspeed than the following:

4,000 pounds and under.................. 25 miles per hourOver 4,000 pounds and up to 8,000 pounds.....20 miles per hourOver 8,000 pounds and up to 12,000 pounds.....18 miles per hourOver 12,000.pounds and up to 16,000 pounds.....16 miles per hourOver 16,000 pounds and up to 20,000 pounds.....14 miles per hourOver 20,000 pounds and up to 24,000 pounds.....12 miles per hour

It shall be unlawful to operate or drive any motorvehicle used for carrying passengers for hire andhaving a capacity for more than ten passengers at aspeed faster than twenty-five miles per hour, on andover any unpaved highway.

SEC. 28. It shall be the duty of every person. us-Rules of the ing the highways of this state to observe the "rulesroad enum-erated. of the road" as hereinafter prescribed:

1. Vehicles and persons, driving or riding anyanimals proceeding in opposite directions shall passto the right giving one-half of the road to each.

2. Vehicles proceeding in the same direction onovertaking another vehicle or overtaking any personriding or driving any animal shall pass to the left:Provided, however, A variance- in good faith fromthe rules herein relating to the turning to the left ofa vehicle when overtaking another vehicle, or anyperson riding or driving an animal, going in thesame direction where the exigencies of the situationpermit, shall not subject the offender to arrest underthe criminal provisions of this act; but it shall be un-lawful for any person to pass any moving vehicle oranimal overtaken unless he has a clear view ahead qfnot less than two hundred yards.

The overtaking vehicle shall maintain its speeduntil clear of the vehicle or animal overtaken andthe vehicle or animal being overtaken shall turn tothe right and give one-half of the road, and shallnot increase its speed while being passed.

272 SESSION LAWS,. 1921. [Ch. 96.

SESSION LAWS, 1921.

4. The signal of an intention to pass shall begiven by one blast or stroke of the horn, bell, whistle,gong or other signalling device.

5. Should the overtaking vehicle then not giveway, three such blasts or signals shall be given, andupon the failure to comply therewith, the overtakingvehicle may at the next suitable place safe for bothvehicles go by without further signal.

6. Drivers, when appproaching highway inter-sections, shall look out for and give right-ofway tovehicles on their right, simultaneously approachinga given point: Provided, however, That street andinterurban cars and emergency vehicles shall havethe right-of-way at all times at such highway inter-sections.

7. Pedestrians on the public highways betweenthe period from one-half hour after sunset to one-half hour before sunrise shall travel on and alongthe left side of said highway, and the pedestriansupon meeting an oncoming vehicle shall step off thetravelled portion of the highway.

8. It shall be the duty of every person operatingor driving any motor or other vehicle, or riding ordriving any animal along or over any public highwaywhen approaching any curve of such highway wherefor any reason a clear view for a distance of threehundred yards cannot be had, to hold such vehicleunder control and to give signals with frequentblasts or strokes of a horn, whistle, bell, gong orother signalling device, and to keep to the extremeinside of all curves to the right and upon the extremeoutside of all curves to the left.

SEC. 29. It shall be the duty of every person Turning atintersections

operating or driving any motor or other vehicle or of streets,

riding or driving any animal along or over. any pub-lic highway and approaching any intersection of astreet, road or highway, with the intention of turn-ing thereat to the right, to keep to the extreme right,

Ch. 96.] 273

and with the intention of turning thereat to the leftto proceed to and beyond the center of the intersec-tion before turning. And it shall be the duty ofevery such person about to turn from a standstill orwhile in motion to give a timely signal indicating thedirection in which he intends to turn as follows: Ifhe intends to turn to the left he shall extend his armin a horizontal position for a reasonable length oftime; if he intends to turn to the right he shall ex-tend his arm with the forearm raised at right anglesfor a reasonable length of time; and every such sig-nal shall commence at a point not less than fifty feetbefore the turn is made. And it shall be the duty ofevery person so operating or driving any motor orother vehicle or riding or driving any animal alongor over any public highway and intending to stop, toextend his arm and move it up and down in a verticalposition for a reasonable length of time before stop-ping. Mechanical devices capable of producing sig-nals as to the intention of the driver to stop or turnsuch vehicle and approved by the secretary of statemay be used.

SEc. 30. It shall be the duty of every person inPrecautions charge of .any vehicle or animal moving along andin passingor being upon any public highway to keep such vehicle orpassed. animal as closely as practicable to the right hand

boundary of such highway so as to allow more swiftlymoving vehicles reasonably free passage to the left.And it shall be the duty of every person operating amotor vehicle upon any such highway, on receivinga signal given by raising the hand from a personriding, leading, or driving in the opposite directionany animal or animals to bring such motor vehicleimmediately to a stop and remain stationary so longas may be reasonable, to allow such animal or ani-mals to pass; and if travelling in the same directionas any such animal or animals, to use reasonable cau-tion in passing the same; and in case any such ani-

274 ' SESSION LAWS, 1921. [Ch. 96.

SESSION LAWS, 1921.

mal appears to be badly frightened or the personoperating such motor vehicle is signaled so to do, heshall cause the motor of such vehicle to cease runningso long as shall be reasonably necessary to preventaccident and insure the safety of others.

SEc. 31. It shall be the duty of every person overtakingor passing

operating or driving any vehicle, when overtaking or electric cars.

passing any street car or interurban car that hasstopped at a street intersection, to bring such ve-hicle to a full stop before passing such street car orinterurban car, and not to proceed while any per-son or persons are getting on or off or are about toget on or off said car, unless the driver of such ve-hicle can maintain a distance of at least six feet be-tween said vehicle and the running board or lowerstep of such car.

SEC. 32. The racing of motor vehicles on the pub- Racing on

lic highways is hereby forbidden: Provided, how- highways.

ever, Local authorities may designate and set asidecertain portions of the public highways for limitedperiods to be used for speed trials or speed contests,but only in case the entire distance is fully and suf-ficiently patrolled.

SEC. 33. It shall be the duty of every person oper- compliancewith local

ating or driving any motor or other vehicle along or regulations.

over any narrow way in any park, pass or defile, tofully comply with all regulations requiring vehiclesto proceed in one direction only as the sign-boardsand regulations upon such narrow ways, passes anddefiles shall indicate. The direction in which all ve-hicles shall so proceed may be determined by thepark commissioners in parks and by the county com-missioners or other legally constituted authoritieswith respect to narrow passes and defiles within theirrespective jurisdictions, and when so declared shallbe so conspicuously marked with signs as to indicate

Ch. 96.] 2 75

the rules and regulations in regard thereto and thedirection in which all vehicles shall so travel.

SEC. 34. It shall be unlawful for any personSecuring using any motor vehicle upon any public highway ofmotivepower while this state to leave the same standing unsecured orstandingupono without having its motive power, if any, so secured

that the same cannot be operated so as to move thevehicle without some act on the part of the owneror operator or other person.

SEC. 35. It shall be unlawful for any personPermittingvehicle to to leave any vehicle standing upon the main tray-stand ontraveled por- eled portion of any highway of this state: Provided,

ion of high- That this provision shall not apply to any vehicleso disabled as to prohibit the moving of the same.And it shall be unlawful for any person to leaveany disabled vehicle standing on any traveled por-tion of any highway of this state at any time be-tween one-half hour after sunset and one-half hourbefore sunrise without having a red light displayedon the rear end of such vehicle at the side thereofnearest the center of the highway.

SEC. 36. It shall be unlawful for any person toUse of gong use on any motor vehicle any gong or siren whistleor sirenwhistle. unless such vehicle is used as an ambulance or is

operated by a police department, fire department,or patrol wagons, ambulances, fire patrols, fire en-gines, and fire apparatus shall, in all cases, with dueregard to the safety of the public, have the right ofway, all provisions of this act to the contrary not-withstanding, but such right of way shall not pro-tect the driver of any such vehicle from the con-sequences of the arbitrary exercise of such right orfrom liability for injuries wilfully inflicted.

SEC. 37. It shall be the duty of every personTo comply operating or driving any motor or other vehicle orwith orders

of rafic any animal upon any public highway where any au-thorized officer, marshal, constable,, or policeman


SESSION LAWS, 1921.

displaying his star or badge is at the time discharg-ing the duty of regulating and directing traffic inhis locality, to obey all signals of such officer direct-ing such driver to take a certain direction or to stopor to otherwise proceed for the safety of the pub-lic, and to comply with all orders of such officer.

SEC. 38. Drivers of all motor vehicles carrying Drivers offor hire

passengers for hire on any of the public highways vehicles tostop at track

of this state outside the incorporated limits of any crossings.

city or town, shall bring said vehicles to a full stopwithin fifty feet of any unguarded grade crossingof any railroad or interurban track before crossingthe same.

SEC. 39. It shall be duty of every person op- must stopand render

erating or driving any motor or other vehicle or aid in case of

riding or driving any animal upon the public high-way and coming in contact with any pedestrian,vehicle or other object on such highway, to stop andrender such aid and assistance as may be required,and in case of injury to any person or damage toany vehicle or property, it shall be the duty of thedriver of either vehicle, or any occupant thereof,to furnish the driver of the other vehicle or anyoccupant of such vehicle or any witness to the acci-dent, or in case of an injured pedestrian to suchpedestrian or witness, the license number of hisvehicle, the true name and address of the owner, thename and address and the license number of thedriver, and the name and address of each occupantof such vehicle; and it shall likewise be the duty ofany witness of any such accident to furnish to thedriver or occupant of any such vehicle or to anyother person concerned in said accident, upon re-quest, his name and address; and it shall be unlaw-ful for either party to a collision, whether resultingfrom a mistake in judgment or arising from acci-dent, to move away from the place of such collisionwithout complying with this section. None of the

Ch. 96.] 277

information required 'by this section to be givenshall be construed as fixing liability or fault or neg-ligence of either party, but shall be a means of iden-tification of the facts and circumstances only.

SEC. 40. It shall be the. duty of every personReport by operating or driving any vehicle upon the publicone causingaccident. highway, within twenty-four hours after causing in-

jury to any person or damage to any vehicle orproperty, to report the same to the chief of policeor mayor of the city or town, or to the sheriff of thecounty in which the accident or collision occurred,giving the information obtained as provided in thepreceding section.

Power of SEC. 41. NO city council or other governing au-cities or thorities of any city or town shall have the powertowns tosete. to pass or eiiforce any ordinance, rule or regulation

requiring a slower rate of speed than that specifiedin this act at which vehicles may be operated alongand over the public highways of such city or townor regulating the use of roads, streets and high-ways thereof contrary to or inconsistent with theprovisions of this act; and all such ordinances, rulesand regulations now in force are hereby declaredto be void and of no effect: Provided, however, Thaton any portion of any road, street or highway whereon account of sharp curvature, highway construc-tion or repairs, excessive traffic, or other permanentor temporary causes, it is deemed inadvisable forvehicles to operate at the maximum speed allowedby this act, the governing authorities of such cityor town, or the county commissioners on highwaysoutside cities and towns, may regulate such speedby order, rule or regulation hereafter adopted:Provided, Such order, rule or regulation shall reg-ulate all vehicles alike, and shall not limit the speedin any case to less than ten miles per hour, and thegoverning authorities or the board of county com-missioners shall cause to be posted at either end


SESSION LAWS, 1921.

of such portion of said highways, signs of sufficientsize to be easily readable, setting forth the speedallowed and stating by whose order said regulationsare made, and thereafter it shall be unlawful forany person to violate any such order, rule or regu-lation.

SEC. 42. Any person, who shall make falsely Penalty forviolating act.

any statement herein required to be made or whoshall obtain any license by any misrepresentationor deceit, or who shall display any number or licensenot authorized by law to be used, or who shall loanor permit to be used any license or number whetherissued to him or to any other person, firm or cor-poration or who shall in any manner violate theprovisions of this act, shall be guilty of a misde-meanor, and upon conviction thereof shall be pun-ished accordingly, either by a fine or imprisonmentor both such fine and imprisonment: Provided, Thatin no event shall the minimum fine be less than Fivedollars ($5.00).

SEC. 43. Fifty per cent ofall the fines and for- Dispositionof fines and

feitures for violations of the. provisions of this act forfeitures.

outside of incorporated cities and towns shall bepaid to the current expense fund of the countywherein collected; twenty-five per cent thereof shallbe paid to the Permanent Highway MaintenanceFund and the remaining twenty-five per cent there-of shall be paid to a special fund to be known asthe "State Parks and Parkway Fund," which fundis hereby created in the State Treasury. All finesand forfeitures collected for violation of this actwithin the limits of incorporated cities and townsshall be paid by the County Treasurer to the treas-urer of such incorporated city or town and by himplaced to the credit of the Street Repair & Main-tenance Fund of such incorporated city or town.

SEC. 44. Nothing in this act shall be construed Scope of act-

to curtail or abridge the right of any person to pros-

Ch. 96.] 279

ecute a civil action for damages by reason of injuryto person or property resulting from the negligentuse of the public highways by the driver or opera-tor of any motor vehicle or its owner or his em-ployee or agent, and the owner of such vehicle shallbe equally liable for the negligent operation there-of, when at the time of such injury the vehicle wasoperated by the agent of such owner, or by any per-son employed by him for the purpose of operatingsuch vehicle.

SEC. 45. There shall be constructed and main-School signs. tained within one hundred (100) yards of each ap-

proach to each school house in the state, a conspic-uous wooden or suitable sign with the words"School, slow down" painted thereon in letters ofthe following dimensions:

DESCRIPTION OF SCHOOL SIGN.

The size of the board shall be 15 inches by 27inches over all, with a black border on the outeredges one-fourth inch in width. The following di-rections shall be painted on the board in plain blockletters in black on white background:

SCHOOLSLOW DOWN.

The word "School" shall be written above thewords "Slow Down." The size of the letters shallbe four (4) inches in height, about two and three-eighths (2-3/8) inches in width, and spaced approx-imately four (4) inches from center to center. Thelines forming the letters shall be one-half inch inwidth.

The size of the letters in the words " SlowDown" shall be three (3) inches in height, aboutone and three-fourths (1-3/4) inches in width, andspaced approximately two and three-fourths (2-3/4)inches from center to center. The lines forming


SESSION LAWS, 1921.

the letters shall be three-eighths (3/8) inch inwidth. The words "Slow Down" shall be under-lined with a black line one-fourth (1/4) inch inwidth.

A margin of approximately two and one-fourth(2-1/4) inches shall be left between the outer edgeof the letters and the edge of the board. Said signshall be constructed and maintained by the local au-thorities of the city or town in which any of saidschool houses are situated and at the expense ofsaid city or town. For all school houses located out-side of the limits of any town or city said sign shallbe constructed and maintained by the county inwhich any of said school houses are situated andat the expense of said county.

SEC. 46. It shall be the duty of the mayor and signs at cityor town

council or other governing authorities of every city limits.

or town to erect and maintain at the corporate lim-its of such city or town, on all paved highwayscrossing such limits, substantial wood or metal sign-boards placed at right angles to the highway andpainted white and having thereon in black lettersfour inches high the following words and figures:

On the side nearest the city or town: "Citylimits of ........................ 30 miles per

(name of city or town)hour ";

On the side away from the city or town: " Citylimits of ........................ speed limit 20

(name of city or town)miles per hour."

SEC. 47. If any section or provision of this act Partial In-

shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of theact as a whole or any section, provision or partthereof not adjudged invalid or unconstitutional.

Ch. 96.1 281

SEC. 48. The director of licenses, from andDirector of after the time when he shall be appointed and qual-licenses to

sn uet e- ified and assume and exercise the duties of his of-of secretary j hl l hof state. a ice, shall exercise all the powers and perform all

the duties by this act vested in and required to beperformed by the secretary of state, except the re-

Fees to state ceiving of fees and moneys wbich shall, from thattreasurer.

time, be paid to the state treasurer who shall trans-mit his duplicate receipt therefor to the director oflicenses.

SEc. 49. That chapter 153 of the Laws of 1913Repeal. and chapter 142 of the Laws of 1915 are hereby re-

pealed.

SEc. 50. This act is necessary for the immedi-Emergency. ate preservation of the public safety, the support

of the state government and its existing public in-stitutions, and shall take effect immediately.

Passed the Senate March 1, 1921.Passed the House, March 5, 1921.Approved by the Governor March 16, 1921.


SESSION LAWS, 1921.

CHAPTER 97.[H. B. 312.1

GUARANTY OF BANK DEPOSITS.

AN ACT relating to banks, providing for the security of depositsthereof, including certain deposits of public funds, creatinga depositors' guaranty fund, providing for the administrationthereof, prescribing the powers and duties of certain officerswith reference thereto and providing penalties for violationthereof, and amending sections 2, 4, 8, 9, 11, 13, 14, 15, 17, and19 of Chap. 81, Laws 1917, and further amending said Chapterby adding thereto certain sections to be designated 22A, re-pealing section 12 of said Chapter.



Section 2. There shall be created for the pro- Depositors'guaranty

tection and security of depositors in banks, a fund fund.

which shall be known as the "Washington BankDepositors' Guaranty Fund" and shall consist ofcash equal to one per cent of the total amount of an-nual average deposits, eligible to guaranty, of allsuch member banks, to be deposited with the fundby such member banks in proportion to their re-spective annual average deposits eligible to guar-anty.

There shall also be created a fund to be called Contingentfund.

the Contingent Fund from which shall be paid theexpenses incurred by the Guaranty Fund Board andalso any losses which may be sustained through thefailure of any member bank. An assessment of notto exceed one-tenth (1/10) of one per cent of theaverage deposits eligible for guaranty for the pre-ceding year shall be levied by the board on or be-

fore the 30th of January of each year, until suchtime as the Contingent Fund shall equal three (3%)per cent of all of the deposits eligible for guarantyin all member banks: Provided, however, That with-

Ch. 97.] 283

in thirty days from the date upon which this acttakes effect the Guaranty Fund Board shall levy anassessment of one-tenth (1/10) of one per cent ofthe deposits eligible for guaranty for the precedingyear, which assessment shall be the only assessmentmade for the benefit of the Contingent Fund for thecalendar year 1921. The Guaranty Fund Boardmay appropriate from the Contingent Fund suchfunds as it may deem necessary to cover the au-thorized expenses of the board.

SEC. 2. That Section 4 of Chapter 81 of theLaws of 1917 be amended to read as follows:

Section 4. Within thirty (30) days after thePowers and taking effect of this act, the Board shall meet at theduties ofboard. state capitol and organize, and shall have power

from time to time to adopt, publish and enforcereasonable rules and regulations governing the ad-mission of banks as members of the fund, and pre-scribing the duties of member banks, not inconsist-ent with the provisions of this act or the laws relat-ing to banks, and defining the boundaries of bank-ing districts and regulating the rate of interest tobe paid by member banks in such districts, and shallhave power to provide the necessary books, recordsand other supplies, and the necessary assistance,and pay the necessary expenses for carrying outthe provisions of this act, and for the protection anddevelopment of the Washington Bank DepositorsGuaranty Fund, and the cost of all such supplies,assistance and expenses shall be paid out of theContingent Fund by resolution of the Board au-thorizing the same and entered upon its minutes,and upon vouchers approved by the chairman ofthe Board. And the Board shall have power todesignate guaranteed banks 'as depositaries for allmoneys in the funds provided for by this Act, or toinvest the Contingent Fund in such securities asare eligible for the security of Postal Savings


SESSION LAWS, 1921.

Funds, under such rules and regulations as theBoard may from time to time, adopt: Provided,That income derived from the investments made un-der the provisions of this Act shall be credited tothe Contingent Fund.


Section 8. If the Board shall be satisfied with Approval of

the report of the Director of Taxation and Exami- pp

nation and with the condition and management ofsaid bank, and shall find that said applicant bank isconducting its business in strict accordance withthe law under which it is organized, and the provi-sions of this Act, and has an unimpaired surplusequal to ten per cent of its capital, it shall cause thesecretary of the Board to notify the applicant bankthat its application has been approved, and that itwill be admitted to membership in the fund, uponmaking with the Board the deposits required bythis Act, and complying with all requirements madeby the Board, but no bank shall be eligible for mem-bership in the fund unless it shall have been ac-tively engaged in the, banking business for at leastone year prior to the date of its application formembership.


Section 9. If the Board shall find from any Admissionwithheld

such application for membership, and from the re- until com-pliance with

port of the Director of Taxation and Examination conditions.

that the applicant has not the required unimpairedsurplus, or is not in sound financial condition, or isnot conducting its business in accordance with theprovisions of this Act or that its method of con-ducting its business is, in the opinion of the Board,reckless or unsafe, the Board shall cause the secre-tary to notify the applicant of the conditions uponwhich it may be admitted to membership. Any bank

Ch. 97.] 285

which shall fail or neglect for a period of sixtydays, to comply with the conditions imposed by theBoard and furnish proof of such compliance to thesatisfaction of the Board, may have its applicationfor membership rejected. Any bank which has beenrefused. membership in the fund may within thirtydays from the date of such refusal by the Board, ap-peal therefrom to the Superior Court of ThurstonCounty, by filing with the Clerk of said court a no-tice of appeal, and serving a copy thereof upon thesecretary of the Board, and such appeal shall beheard de novo by said court.


Section 11. On or before the 10th day of Jan-Annual bank Uary of each year, each guaranteed bank shall cer-reports as todeposits. tify under oath to the secretary of the board, the

amount of deposits eligible to guaranty under theprovisions of this act, and the amount of depositsnot eligible to guaranty, in such bank at the closeof business as of the dates during the precedingyear, upon which official calls for reports were madeby the Director of Taxation and Examination andthe average deposits eligible to guaranty, and theaverage deposits not eligible to guaranty, for thepreceding calendar year shall be based upon theaverage of the amounts shown upon. call dates. Onor before the 30th of January of each year, the

guaranty fund board shall determine the amountwhich shall be deposited to the credit of the boardfor the current calendar year which amount shall

be equal to one (1%0) per cent of the average eligi-ble deposits for the preceding calendar year, unless

such fund has been impaired by losses which are

not replaced by assessments as hereinafter pro-vided. When the member bank shall be advised of

the amount which it shall deposit to the credit of

the guaranty fund board, it shall at once enter such

2) 6 SE SSION LAWS, 1921. [Ch. 97.

SESSION LAWS, 1921.

credit to the account of the guaranty fund boardupon its individual ledger and shall charge a likeamount on its general ledger, which account shallbe known as INTEREST IN GUARANTY FUND,and shall be so shown and reported at all times.The Guaranty Fund shall be adjusted each year, Annual ad-

the member banks being charged or credited accord- justment.

ing to the amount of increase or decrease in depositseligible to guaranty for the preceding year. Shouldthis fund be impaired through losses or otherwise,the board may in its discretion levy an assessmentof not to exceed one-half (1/2) of one per cent perannum of the deposits eligible for guaranty for thepreceding year; such assessments for the benefitof the Guaranty Fund may be made only for thepurpose of making good impairments of such fund.Any funds in the. Guaranty Fund may be used inpaying the owners of guaranteed deposits in mem-ber banks, but not until the Contingent Fund shallhave been depleted.

Any losses which may be recovered from the con- Credit ofrecovered

verting of the assets of failed banks into cash, shall losses offailed banks.be credited first to the Contingent Fund, until theamount of such fund shall have reached the propor-tions it would have reached at that time, had therebeen no payments made from said fund on accountof losses, the balance of such sums so realized fromthe assets of failed banks shall be credited to theGuaranty Fund: Provided, That no bank shall re-ceive a benefit from any recoveries made from thecollection of assets of failed banks in excess of theamount which such bank shall have contributed tothe Guaranty Fund because of such failure.

SEc. 6. That Section 13 of Chapter 81 of theLaws of 1917 be amended to read as follows:

Section 13. If after the passage of this act, oa membon

any guaranteed bank, or the board of directors, or reckless

any officer thereof, shall pay interest on any form dealings.

Ch. 97.] 287

of deposits on different terms than those, or at arate in excess of that, approved by the GuarantyFund Board from time to time, and that shall beuniform within each district; shall be deemed to bereckless, and its certificate as a member of the guar-anty fund, may, in the discretion of the Board, becancelled: Provided, however, That any existingcontract for higher rates of interest, entered intobefore the passage of this act, may be carried outunimpaired, and such existing contract shall not dis-qualify such bank from becoming a member of thefund, if it is, in the opinion of the Board, otherwise

Forfeiture of eligible. If any managing officer of any guaran-deposits infund. teed bank, or any person acting in its behalf or for

its benefit, shall pay, or promise to pay any de-positor in such bank, either directly or indirectly,any interest, on different terms than those, or a ratein excess of, or in addition to the maximum rate,approved by the Board for the district in whichsuch bank is engaged in business, or shall, with in-tent to evade any of the provisions of this act,pledge the time certificate, or other obligation ofsuch bank, as security for the personal obligationof himself or any other person, or shall display orpublish any card or other advertisement, tendingto convey the impression that the deposits of suchbank are guaranteed by the State of Washington,either directly or indirectly, the certificate of suchbank as a member of the guaranty fund shall becancelled, and its cash deposited for the benefit of

Penalty for the guaranty fund shall be forfeited. Any manag-false repre-sentation as ing officer of any bank or any person acting in itsto member-ship, behalf or for its benefit, who shall display any card,

or publish any advertisement, or make any state-ment, to the effect that its depositors are guaranteedby the Washington Bank Depositors' GuarantyFund, when such bank is not a member of such fund,or is not authorized so to do under the provisions


SESSION LAWS, 1921.

of this act, shall be guilty of a misdemeanor, andupon conviction thereof shall be punished by a fineof not less than five hundred, nor more than onethousand dollars.


Section 14. If at any regular or special exam- violations ofact by mem-

ination of a guaranteed bank made by or under the ber bank..

direction of the Director of Taxation and Examina-tion or the Board, it shall be found that such bankis violating any of the provisions of this act, the lawsrelating to banks, or any of the rules and regula-tions, that the Guaranty Fund Board may from timeto time adopt, the Director of Taxation and Exam-ination shall notify such bank of such violations, andrequire the same to comply with the provisions ofthis act within thirty days from the date of such no-tice; and if at the expiration of thirty days, such pro-visions have not been complied with, the certificateof membership of such bank in the Guaranty Fund,may in the discretion of the Board be cancelled andall or any part of its deposits with the GuarantyFund Board forfeited. Any deposits so forfeitedshall be collected by the Digector of Taxation andExamination and shall be transferred to the Con-tingent Fund.

SEC. 8. That Section 15 of Chapter 81 of theLaws of 191.7 be amended to read as follows:

Section 15. If any guaranteed bank shall fail Failre ofrbank to re-

or neglect, for a period of thirty days after any as- -nass-

sessment has been made against such bank, as pro-vided in this act, to remit or credit, as the case maybe, the amount of such assessment to the Secretaryof the Guaranty Fund Board, there shall be addedto such assessment a penalty of not to exceed fiftyper cent of the amount thereof, and such assess-ments shall constitute a first lien on all of the assets

-10

Ch. 9 7.] (289

of said bank. Upon the failure of -any guaranteedbank to remit, or credit, As the case may be, anyassessment made against it in accordance with theprovisions of this act, the Director of Taxation andExamination shall immediately cause such bank tobe examined, and if it is found to be insolvent, heshall take charge of and liquidate such bank accord-

I5,ihric notice ing to law. Whenever the certificate of any guar-of ipit i-drawal of anteed bank, as a member of the guaranty fund,bank.

shall be cancelled as hereinabove provided, the sec-retary of the Board shall cause to be displayed ina conspicuous place. in the banking rooms of suchbank, continuously for six months, a card notsmaller than twenty by thirty inches, containing inlarge plain type the following words: "This bankhas withdrawn from the bank depositors' guarantyfund, and the guaranty of its deposits will cease onand after the ..... day of ................ 19..."The date on such card shall be a date six monthsafter the first posting of such card.


Section 17. Any guaranteed bank may with-Voluntary draw from the Guaranty Fund upon giving noticewithdrawal.

to that effect in writing to the Secretary of theGuaranty Fund Board; upon displaying a card ina conspicuous place in its banking rooms as. pro-vided in Section 15 of this act, for a period of sixmonths from the date of notice of withdrawal; uponpaying all assessments and obligations madeagainst it for the benefit of the Guaranty and Con-tingent Funds, and upon depositing with the Secre-tary of the Guaranty Fund Board, in addition tothe amount to the credit of the Guaranty FundBoard in said bank; an amount equal to one-half ofone per cent of its annual average deposits eligibleto guaranty for the preceding year, which sum shallbe retained as a guaranty for the payment of any

290

SESSION LAWS, 192L. [Ch. 97.

SESSION LAWS, 1921.

assessments made for the benefit of the GuarantyFund, for a period of twelve months from and afterthe date notice of withdrawal shall have been re-ceived by the Secretary of the Guaranty FundBoard, for which said assessments said bank shallbe liable. Upon the expiration of the said twelvemonths' period, said bank shall be entitled to a re-fund of any unused portion of any deposits madefor the benefit of the Guaranty Fund.

SEC. 10. That Section 119 of Chapter 81. of theLaws of 1917 be amended to read as follows:

Section 19. Whenever the Director of Taxa- Subrogation;. . of director of

tion and Examination shall have issued warrants taxation andexamination

in payment of claims for guaranteed deposits of any to rights of

failed bank, such claims 'and all rights of action and depositors.

remedies of the depositors therefor, shall inure to'the Director of Taxation and Examination for the

* benefit of the Contingent and Guaranty Funds, andall sums realized therefrom shall be paid into suchfunds.

SEC. 11. That Section 12 of Chapter 81 of the Repealingclause.

Laws of 1917 is hereby repealed.SEc. 12. The powers and duties conferred by Powers and

duties con-this act on the Director of Taxation and Examina- ferred upon

director oftion shall be exercised and performed by the bank taxation and

examination.commissioner until such time as the Director of Tax-ation and Examination shall be appointed, qualifiedand assume and exercise the duties of his office.


Oh. 97.] 291

SESSION LAWS, 1921.

CHAPTER 98.[H. B. 213.]

CONVEYANCE TO SPOKANE COUNTY FOR HIGHWAY.

AN ACT authorizing the conveyance of lands for highwaypurposes.


Issuance of SECTION 1. That the governor be and he is here-deed au-thorized. by authorized to, in the name of the state, convey

to the county of Spokane, by deed, a strip of landsixty feet in width over and across the southeastquarter of the northeast quarter, the northeast quar-ter of the southeast quartei, the northwest quarterof the.southeast quarter, the southwest quarter ofthe southeast quarter, and the southeast quarter ofthe southwest quarter of section 24, and the north-east quarter of the northwest quarter and the south-east quarter of the northwest quarter of section 25in township 24, north of range 40 east of the Wil-lamette Meridian, as a right of way for a countyroad, subject to such reservations and conditions ashe may deem necessary for the protection of the in-terests of the state and of the institutions of thestate using and occupying the land over which suchright of way is conveyed; and also to convey to thecounty of Spokane a strip of land sixty feet in widthover and across lot 2, the southeast quarter of thenorthwest quarter and the southwest quarter of thenorthwest quarter of section 24, township 24, northof range 40 east of the Willamette Meridian, as aright of way for a county road, subject to such reser-vations and conditions as he may deem necessaryfor the protection of the interests of the state andof the institutions of the state using and occupyingthe land over which such right of way is conveyed.

292 [Ch. 98.

SESSION LAWS, 1921.


preservation of the public safety, the support of thestate government and its existing institutions, andshall take effect immediately.


CHAPTER 99.[H. B. 111.]

NEWSPAPER PUBLICATION OF LEGAL ANDOFFICIAL NOTICES.

AN ACT relating to and regulating the publication of legal andother official notices and fixing the fees therefor.


SECTION 1. No newspaper shall be considered a "Legal news-. paper" de-

legal newspaper for the publication of any adver- fined.

tisement, notice, summons, report, proceeding orother official document now or hereafter required bylaw to be published unless such newspaper shallhave been published in the English language con-tinually (legal holidays and Sundays excepted) asa daily or weekly newspaper, as the case may be,in the city or town where the same is published atthe time of the publication of such official document,for at least six months prior to the date of suchpublication, and shall be printed either in whole orin part in an office maintained at the place of pub-lication: Provided, That in case of the consolidationof two or more newspapers such consolidated news-paper shall be considered a legal newspaper ifeither or any of the papers so consolidated wouldbe a legal newspaper at the date of such legal pub-lication, had not such consolidation taken place:

293Ch. 99.]

Provided, further, That nothing in this section shallbe construed to invalidate any publication in a for-eign language prior to the taking effect of this act.

SEC. 2. All legal and other official notices shallffioof be published in a legal newspaper as defined in the

to state rnivhate preceding section and the affidavit of publication

shall state that such newspaper is a legal newspaperand shall be prima facie evidence of that fact.

SEC. 3. The provisions of the two precedingScope of act. sections shall not apply in counties where no news-

paper has been published for a period of one yearprior to the publication of such legal or other of-ficial notices.

SEC. 4. In all cases where publication of legalBasis for notices of any kind is required or allowed by law,publicationcharges. the person or officer desiring such publication shall

be required to pay on a basis of one dollar and fortycents per folio of one hundred words for the firstinsertion and eighty cents per folio of one hundredwords for each subsequent insertion, or its equiva-lent in number of words: Provided, That any news-paper having a circulation of over 20,000 copies eachissue may charge such additional rate as it may deemnecessary and just and.any person or officer author-izing the publication of any legal notice in such news-paper may legally pay such rate as is charged bysuch newspaper, and: Provided, further, That thissection shall not apply to the amount to be chargedfor the publication of any legal notice or advertise-ment for any school district, village, town, city,county, state, municipal or quasi-municipal corpora-tion or the United States government.

SEC. 5. Any summons, citation, notice of sher-Selection oflegal news- iff's sale, or legal advertisement of any description,paper. the'publication of which is now or may be hereafter

required by law, may be published in any daily orweekly legal newspaper of general circulation pub-


SESSION LAWS, 1921. 2995lished in the county where the action, suit or otherproceediig is pending, or is to be commenced or had,or in which such notice, summons, citation, or otherlegal advertisement is required to be given: Pro-vided, however, That if there be more than one legalnewspaper in which any such legal notice, summons,citation or legal advertisement might lawfully hepublished, then the plaintiff or moving party in theaction, suit or proceeding shall have the exclusiveright to designate in which of such qualified news-paper such legal notice, summons, citation, notice ofsheriff's sale or other legal advertisement shall bepublished.

SEC. 6. Where any law or ordinance of any in- omission oflegal holi-corporated city or town in this state provides for d i-

the publication of any form of notice or advertise- Sundays.

ment for consecutive days in a daily newspaper, thepublication of such notice on legal holidays andSundays may be omitted without in any manner af-fecting the legality of such notice or advertisement:Provided, That the publication of the required num-ber of notices is complied with.

SEC. 7. The affidavit of publication of all notices Affidavit ofpublication

required by law to be published shall state the full to state feecharged and

amount of the fee charged for such publication and paid.

that the fee has been paid in full.Passed the House, March 1, 1921.Passed the Senate, March 8, 1921.Approved by-the Governor March 16, 1921.

Ch. 99.]

SESSION LAWS, 1921.

CHAPTER 100.[H. B. 270.)

PAYMENT OF CLAIMS OF COUNTY COMMISSIONERSAND ROAD COMMISSIONERS.

AN ACT relating to the auditing and payment of claims of countycommissioners and road commissioners, and amending section1682 Pierce's Code.


SECTION 1. That section 1682 of Pierce's Code(Laws 1911 p. 337) be amended to read as follows:

Section 1682. Whenever a member of the boardExtra corn- of county commissioners of any county shall have apensationand expenses. Claim for compensation for per diem and expenses

for attendance upon any special or extra session ofthe board of county commissioners of which he is amember or a claim for compensation for extra serv-ices or expenses incurred as such commissioner, in-cluding services performed as road commissioner,such claim shall be verified by him and after beingapproved by a majority of the board of county com-missioners of such county shall be filed with the clerkof the superior court and be approved by the su-perior judge of such county or any superior judgeholding court in such county. If the judge so ap-prove it or any part thereof the same shall be certi-fied by the clerk under the seal of his office and bereturned to the county auditor who shall draw a war-rant therefor: Provided, The superior judge maymake such investigation as he shall deem necessaryto determine the correctness of such claim and may,after such investigation, approve or reject any partof such claim: Provided further, The superior courtshall not be required oftener than once in each monthto pass upon any such claims and the court may fixa time in each month by general order filed with the

296 [Ch. 100.

SESSION LAWS, 1921.

clerk of the board of county commissioners on or be-fore which such claims must be filed with the clerk ofthe superior court.


CHAPTER 101.[H. B. 295.]

SCHOOL DISTRICTS IN INCORPORATED CITIES.

AN ACT relating to public schools and amending section 4424 ofRemington & Ballinger's Annotated Codes and Statutes ofWashington.



Section 4424. Every incorporated city in the When citycomprises a

state shall be comprised in one school district, and single dis-trict.

shall be under the control of one board of directors:Provided, That any two or more contiguous or ad-jacent districts of the second and third class mayform a union high school district in the manner andwith all the powers provided by law for union highschool districts: Provided, That nothing in this sec-tion shall be so construed as to prevent the extensionof such city district a reasonable distance beyondthe limits of such city: And provided further, Thatnothing in this section shall be so construed as tochange or disturb the boundaries of any school dis-trict organized prior to the incorporation of any city,except in cases of incorporation of cities lying partlyin two or more school districts organized priot to theincorporation of such city, or the extension of theboundaries of cities beyond the limits of the school

Ch. 101.] 9-91

districts in which they are situated, or in cases wheretwo or more cities unite, as provided by law: Andprovided further, That the fact of the issuance ofbonds by school districts, heretofore or hereafter,shall not prevent the formation of new school dis-tricts, whether or not such bonds have been re-deemed, canceled, or paid in whole or in part andshall not prevent the transfer or uniting with an-other school district of a portion or the whole of adistrict where bonds have been or may hereafter beissued.


CHAPTER 102.[H. B. 62.1

CONSERVATION OF FORESTS.

AN ACT relating to state forests, authorizing the designation ofplaces for camping grounds where fires may be kindled andamending sections 5, 8, and 11 of chapter 125 of the Laws of1911, and amending chapter 125 of the Laws of 1911 by addinga new section to be known and designated as section 23.



Section 5. The forester shall, subject to the ap-Forester may proval of the board, have power to appoint withinappointwardens. any county in this state where there is timber re-

quiring protection, one or more wardens for all orany portion of the period during which the foresterdeems that forest fire dangers exist.

The forester may, subject to the approval of theboard, and at such times and in such localities as he

298 SESSION LAWS, 1921. [Ch. 102.

SESSION LAWS, 1921.

deems the public welfare demands, employ one ormore wardens whose duty it shall be to examine de-forested lands of the state, and ascertain if suchlands are chiefly valuable for agriculture, or if theyare chiefly valuable for timber growing, with a viewto reforestation. The said wardens, shall, under thedirection of the forester, engage in the discovery ofinflammable material, and cause, or assist in theburning of such material at such times as the burn-ing can be done without endangering adjacent tim-ber, or other property. The said wardens, under thedirection of the forester, shall prevent and detecttrespass and illegal cutting upon. state timber lands,and shall enforce the laws in respect to such trespassand illegal cutting.

The forester shall have power to temporarilysuspend any warden or ranger who may be incom-petent or unwilling to discharge properly the dutiesof his office, and to appoint his successor temporar-ily, until his action shall be passed upon by the board.

The wardens shall make their headquarters atthe county seat of the county which they represent,and be equipped with suitable office quarters in thecounty court house by the county commissioners.

The board of county commissioners of any countyin which there has been no warden appointed, mayrequest the forester to appoint a warden, and theforester may, if in his judgment the necessity exists,appoint, subject to the approval of the board, one ormore wardens for each county.

The authority of the wardens respecting the pre-vention, suppression and control of forest fires, sum-moning, impressing or employing help, or makingarrests for the violation of this act, may extend toany adjacent county, or to any part of the state intimes of great fire danger.

The salaries and necessary expenses of all war-dens, together with all wages and expenses incurred

Ch. 102.] 99

for help and assistance in forest fire protection shallbe fixed by the state board of forest commissioners,the wages and salaries to be based on but not to ex-ceed going wages and salaries for similar work, andshall be borne in the proportion of two-thirds by thestate and one-third by the county in which the serv-ice was given and the expense incurred for forestfire protection.

All accounts of the wardens shall be submittedto the forester as well as all bills for forest fire pro-tection authorized by the wardens, and when suchbills are approved and paid as provided for in sec-tion 3 of this act, the amount of one-third of all suchoutlays in each county shall be due and payable ondemand from each of said counties into the statetreasury, and credited to the fund appropriated bythis act.

All wardens and rangers shall render reports tothe forester on such blanks or forms, or in such man-ner, and at such times as may be ordered, giving asummary of how employed, the area of country vis-ited, expenses incurred, and such other informationas may be called for by the forester.

SEC. 2. That section 8 of chapter .125 of theLaws of 1911 be amended to read as follows:

Section 8. No one shall burn any forest ma-Closed sea- terial within any county in this state in which thereson for fires.

is a warden or ranger during the period beginningthe 1st day of May west of the summit of the Cas-cade Mountains, and the 1st day of June 'east of thesummit of the Cascade Mountains and ending, unlesssooner ended by proclamation of the Governor, onthe 1st day of October in each year, which period ishereby designated as the closed season, without firstobtaining permission in writing from the forester,or a warden or a ranger, and afterwards complyingwith the terms of said permit; and any one violating

Penalty. any provisions contained in the preceding portions

300 * SESSION LAWS, 1921. [Ch. 102.

SESSION LAWS, 1921. 301of this section shall, upon conviction thereof, be finednot less than twenty-five dollars ($25.00) nor morethan five hundred dollars ($500.00), or be imprison-ed in the county jail not exceeding thirty (30) days.Such permission for burning shall be given only uponcompliance with such rules and regulations as theboard shall prescribe, which shall be only such as theboard deems necessary for the protection of life orproperty.

The forester, any of his assistants, any wardenor ranger, may at his discretion, refuse, revoke, orpostpone the use of permits to burn when such actis clearly necessary for the safety of adjacent prop-erty.


Section 11. Any person who shall wilfully or Removing

needlessly deface or remove any warning placard or notices.

notice posted under the requirements of this act,shall be guilty of a misdemeanor, and shall uponconviction be punished by a fine of not less than Penalty.

twenty-five dollars ($25.00) nor' more than one hun-dred dollars ($100.00) for each offense, or by im-prisonment in the county jail not exceeding thirty(30) days.

Any person who shall upon any land within this Spread offires set.

state set any fire, except for necessary lumberingoperations, or at the proper places on campinggrounds which have been prepared and designatedfor recreation purposes, which fire shall spread anddamage or destroy property of any kind not his own,shall upon conviction be punished by a fine of notless than ten dollars ($10.00) nor more than five Penalty.

hundred dollars ($500.00). If such fire be set orleft maliciously, whether on his own or on another'sland, with intent to destroy property not his own, heshall be punished by a fine of not less than one hun-dred dollars ($100.00) nor more than one thousand

Ch. 102.1

dollars ($1,000.00) or imprisonment in the countyjail for not less than one month, nor more than oneyear, or by both such fine and imprisonment.

During the closed season any person who with-set tire dur- out a written permit from the state board of foresting closedseason. commissioners, shall kindle a fire, in or dangerously

near any forest material, except for necessary lum-bering operations or at the proper places on campinggrounds which have been prepared and designatedfor recreation purposes, or who shall be a party tokindling such fire, or who shall by throwing awayany lighted cigar, cigarette, matches, or by use offirearms, or in any other manner start a fire in forestmaterial, and who shall fail immediately to extin-guish the same, shall upon conviction, be fined not

Penalty. less than ten dollars ($10.00) nor more than one hun-dred dollars ($100.00), or be imprisoned in thecounty jail not exceeding two (2) months.

Provided, That nothing in this section containedshall absolve any person from liability on accountof negligence.

The State Board of Forest Commissioners ishereby authorized and empowered, and it is its dutyto designate and prepare such camping grounds asit may determine for the purpose of carrying out theprovisions of this section.

SEc. 4. That chapter 125 of the Laws of 1911 beamended by adding a new section to be known anddesignated as section 23 to read as follows:

Section 23. The director of conservation andDivision of development, through and by means of the division

powersand. of forestry, shall, upon his appointment, qualifica-duties: tion and assumption of the duties of his office, exer-

cise all the powers and perform all the duties vestedin, and required by this act to be performed by eitherthe state forester and fire warden or the state boardof forest commissioners. The director of conserva-tion and development shall-have the power and an-


thority and it shall be his duty to receive, and dis-burse through and by means of the division of for-estry, any and all moneys contributed, allotted orpaid by the United States under the authority of anyact of congress for use in cooperation with the Stateof Washington in protecting and developing forests.

Passed the House, February 14, 1921.Passed the Senate, March 7, 1921.Approved by the Governor.March 16, 1921.

CHAPTER 103.[H. B. 138.]

AMENDMENTS TO WATER CODE.

AN ACT relating to the use of diversion of water in the State ofWashington, amending section 41 of Chapter 117, Session Lawsof 1917 and further amending said chapter by adding theretotwo new sections to be designated Section 23-a and Section31-a, providing for the regulation of streams or other watersduring the pendency of adjudication proceedings and recog-nizing the reciprocal rights of citizens of other states ornations to divert in this state water for beneficial use inanother state or nation.

Be it enacted by the Legislature of the State of* Washington:

SECTION 1. That Chapter 117 of the SessionLaws of 1917 be amended by adding thereto a newsection to be known as section 23-a.

Section 23-a. During the pendency of such ad- Regulationof stream

judication proceedings prior to, judgment or upon pending pro-

appeal to the supreme court of the state or otherappellate court, the stream or other water involvedshall be regulated or partially regulated accordingto the schedule of rights specified in said state hy-draulic engineer's report upon an order of the courtauthorizing such regulation: Provided, Any inter-ested party may file a bond and obtain an order stay-

C h. 103.] SESSION LAWS, 1921. 303

ing the regulation of said stream as to him, in thesame manner as provided in Section 11 of .the Act,in which case the court shall make such order re-garding the regulation of the stream or other wateras he may deem just.

Sc. 2. That section 41 of Chapter 117, of theSession Laws of 1917, be amended to read as follows:

Section 41. (1) Any person or persons whoterfre shall wilfully interfere with, or injure or destroy

with appli- salwlul nefaewto nueo eto

nefuse any dam, dike, headgate, weir, canal or reservoir,of water. flume or other structure or appliance for the diver-

sion, garriage, storage, apportionment or measure-ment of water for irrigation, reclamation, power orother beneficial uses, or who shall wilfully use orconduct water into or through his ditch, which hasbeen lawfully denied him by the water master orother competent authority, or shall wilfully injure ordestroy any telegraph, telephone or electric trans-mission line, or any other property owned, occupiedor controlled by any person, association, or corpora-tion, or by the United States and used in connectionwith said beneficial use of water, shall be guilty of amisdemeanor.

(2) Any person or persons who shall wilfully orunlawfully take or use water, or conduct the sameinto to his ditch or to his land, or land occupied byhim, and for such purpose shall cut, dig, break downor open any headgate, bank, embankment, canal orreservoir, flume or conduit, or interfere with, injureor destroy any weir, measuring box or other appli-ance for the apportionment and measurement ofwater, or unlawfully take or cause to run or pour outof such structure or appliance any water, shall be

guiltv of a misdemeanor.

(3) The use of water through such structure orstructures, appliance or appliances hereinbeforenamed after its or their having been interfered with,

304 SESSION LAWS, 1.921. [Ch. 103.

SESSION LAWS, 1921.

injured or destroyed, shall be prima facie evidence ofthe guilt of the person using it.

SEC. 3. That Chapter 117 of the Session Laws of1917 be amended by adding thereto a new section tobe known as section 31-a.

Section 31-a. That no permit for the appropria- Denial ofpermit for

tion of water shall be denied because of the fact that appropria-tion.

the point of diversion described in the application forsuch permit, or any portion of the works in such ap-plication described and to be constructed for the pur-pose of storing, conserving, diverting or distributingsuch water, or because the place of intended use orthe lands to be irrigated by means of such water, orany part thereof, may be situated in some other stateor nation, but in all such cases where either the pointof diversion or any of such works or the place of in-tended use, or the lands, or part of the lands, to be ir-rigated by means of such water, are situated withinthe state of Washington, the permit shall issue as inother cases: Provided, however, That the state hy-draulic engineer may in his discretion, decline to is-sue a permit where the point of diversion describedin the application is within the State of Washingtonbut the place of beneficial use in some other state ornation, unless under the laws of such state or nationwater may be lawfully diverted within such state ornation for beneficial use in the state of Washington.


Ch. 103.] 305.

SESSION LAWS, 1921.

CHAPTER 104..

[H. B. 226.1

SALE AND MANUFACTURE OF MILK ANDMILK PRODUCTS.

AN ACT relating to milk and milk products, and amending sections19, 41, and 63 and repealing section 30 of chapter 192 of theLaws of 1919.

Be it enacted by the Legislature of the Stateof Washington:


Section 19. In all tests made of milk or cream toTemperature determine the amount of milk fat therein the Babcockfor testingpurposes. Tester must be read at the proper temperature which

is hereby declared to be not less than one hundredand thirty degrees Fahrenheit and not more than onehundred and forty degrees Fahrenheit, and all pay-ments for or sales of milk or cream made on the basisof measurement or weight shall be made according tothe true weight and measurement which is hereby de-clared to be seventeen and six-tenths cubic centi-meters for milk and nine grams or eighteen gramsfor cream. In all tests for cream the cream shall beweighed into the test bottle.

. SEC. 2. That section 30 of chapter 192 of the

Ralins Laws of 1919 be and the same is hereby repealed.SEC. 3. That section 41 of chapter 192 of the

Laws of 1919 be amended to read as follows:Section 41. The department of agriculture shall

Statistical provide blanks for reporting statistics of the produc-reports.

tion of milk and milk products. The departmentshall annually on or before the first day of Januaryof each year cause to be mailed to the owners oroperators of all creameries, cheese factories,. milkplants, milk condensing factories, factories of milkproducts, and to all milk vendors and milk dealers,

[Ch. 104.306

one or more of such blanks. All such persons shallon or before the first day of February next followingtransmit to said department such blanks properlyfilled out and signed by such person and showing afull and accurate report of the amount of milk,cream, butter, cheese, ice cream, ice milk, buttermilk,skimmed milk, or other milk produce received, pro-duced, manufactured or distributed during the yearending on the 31st day of December next previousthereto. The words "milk vendor" or "milk dealer"shall mean any person, firm or corporation who sells,vends, furnishes or delivers milk, skimmed milk, but-termilk or cream from any wagon, automobile, cartor other vehicle.

SEC. 5. That section 63 of chfapter 192 of theLaws of 1919 be amended to read as follows:

Section 63. No person, firm or corporation shall Useaofords

use the words "Washington Creamery Butter" upon Cemr

any butter, or imitation thereof, or upon any pro-duct, substance or compound resembling butter, orupon any box, package, wrapper, or other containerthereof, as a brand, emblem or trade mark of suchbutter, imitation, product, substitute or compound,and no person, firm or corporation shall manufac-ture, sell or offer for sale or have in his possession eof1'wodswith intent to sell butter known as reworked butter, lutter.'

unless the package in which the butter is sold hasmarked on the side of it the words "REWORKEDBUTTER" in capital letters one inch high and one-half inch wide with ink which is not easily removed.


SESSION LAWS, 1921.Ch. 104.1 307

SESSION LAWS, 1921.

CHAPTER 105.[H. B. 208.1

PROTECTION OF TREES, SHRUBS AND PLANTS.

AN ACT to protect forest, agricultural, horticultural, ornamentaland floral trees, shrubs and plants, and the products thereofin the state of Washington, from the ravages,of diseases andinsects and animal or weed pests injurious thereto or destruc-tive thereof; to prevent the introduction into this state orthe spread within this state of such diseases and insect andanimal or weed pests; and providing penalties for violationthereof.


SECTION 1. The forest, agricultural, horticultural,Protection ornamental and floral trees, shrubs, and plants in theauthorized.

a state of Washington, and the products thereof shallbe preserved and protected from the ravages of dis-eases, insects, and animal and weed pests injuriousthereto and destructive thereof.

SEC. 2. The Director of Agriculture shall haveQuarantine the power and it shall be his duty by and with theregulations.

approval of the Governor to establish and the direct-or shall thereupon maintain and enforce such oblig-atory quarantine regulations as may be deemed nec-essary to protect the forest, agricultural, horticul-tural, ornamental and floral trees, shrubs and plants,and the products thereof in the state of Washington,against contagion or infestation by injurious plantdisease insects, or animal or weed pests, by establish-ing such quarantine at the boundaries of this state orelsewhere within the state, and he may make and en-force, any and all such obligatory rules and regula-tions as may be deemed necessary to prevent any in-fected or infested forest, agricultural, horticultural,ornamental and floral trees, shrubs, and plants, andthe products thereof in the state of Washington frompassing over any quarantine line established and pro-

308 [Ch. 105.

SESSION LAWS, 1921.

claimed pursuant to this act, and all such articlesshall, during the maintenance of such quarantine, beinspected by such director or by horticultural orother inspectors thereto appointed, and he and theinspectors so conducting such inspection shall notpermit any such article to pass over such quarantineline during such quarantine, except upon a certificateof inspection, signed by such director or in his nameby such inspector who has made such inspection.All approvals by the governor given or made pur-suant to this act shall be in writing and signed by thegovernor in duplicate, and one copy thereof shall befiled in the office of the secretary of state and theother in the office of said director before such ap-proval shall take effect.

SEC. 3. Upon information received by such di- Investiga-tions and en-

rector of the existence of any infectious plant dis- forcemntof

ease, insect or other animal or weed pest, iew to ornot generally distributed within this state, danger-ous to any plant or commodity or to the interests ofthe plant industry of this state, or that there is aprobability of the introduction of any such infectionsplant disease, insect or other animal or weed pestsinto this state or across the boundaries thereof, heshall proceed to thoroughly investigate same andmay establish, maintain and enforce quarantine ashereinbefore provided, and may make and enforcesuch regulations as are in his opinion, necessary tocircumscribe and exterminate such infectious plantdiseases, insect or other animal or weed pests andprevent the spread thereof. Such director may disin-fect, or take such other action with reference to anytrees, shrubs, plants, vines, cuttings, grafts, scions,buds, fruit-pits, fruit, seeds, vegetables or any cropsor crop products, and any containers thereof, andany packing material used therewith infested or in-fected with, or which, in his opinion may have been

Ch. 105] 309

SESSION LAWS, 1921.

exposed to infection or infestation by, any such in-fectious plant diseases, insect or other animal orweed pests, as in his discretion shall, seem necessaryto carry out and give effect to the provisions of thisact. Such director, his deputies and inspectors arehereby authorized to enter upon any ground or prem-ises to inspect the same or to inspect any tree, shrub,plant, vine, cutting, graft, scion, bud, fruit-pit, fruit,seed, vegetable or other article of horticulture or im-plement thereof or box or package or packing ma-terial pertaining thereto, or connected therewith orthat has been used in packing, shipping or handlingthe same, and io open any such package, and general-ly to do, with the least injury possible under the con-ditions to property or business all acts and thingsnecessary to carry out the provisions of this act. Thesaid director shall at once notify the Governor of allquarantine lines established under or pursuant tothis act, and if the Governor approve or shall haveapproved of the same or any portion thereof, thesame shall be in effect and the Governor may issuehis proclamation proclaiming the boundaries of suchquarantine and the nature thereof, and the order,rules or regulations prescribed for the maintenanceand enforcement of the same, and may publish saidproclamation in such manner as he may deem ex-pedient to give proper notice thereof.

All orders, rules and regulations issued by thedirector of agriculture pursuant to this act shall havethe force and effect of law.

SEc. 4. Each carload, case, box, package, crate,Regulations bale or bundle of trees, shrubs, plants, vines, cutting,on importa-tion. grafts, scions, buds, fruit-pits, or fruit or vegetables

or seed, imported or brought into this state, shallhave plainly and legibly marked thereon in a con-spicuous manner and place the name and address ofthe shipper, owner or owners or person forwardingor shipping the same, and also the name of the per-

[Ch. 105.


son, firm, or corporation to whom the same is for-warded or shipped, or his or its responsible agents,also the name of the country, state or territory wherethe contents were grown, and a statement of the con-tents therein.

SEC. 5. When any shipment of nursery stock, Regulationson shipmentstrees, vines, plants, shrubs, cuttings, grafts, scions, through

fruit, fruit-pits, vegetables or seed, or any other hor- state.

ticultural or agricultural product passing throughany portion of the State of Washington in transit, isinfested or infected with any species of injurious in-sects, their eggs, larvae, pupae. or animal or plantdisease, which would cause damage, or be liable tocause damage to the forests, orchards, vineyards,gardens, or farms of the State of Washington, orwhich would be, or liable to be, detrimental theretoor to any portion of said state, or to any of the for-ests, orchards, vineyards, gardens or farms withinsaid state, and there exists danger of disseminationof such insects or disease while such shipment is intransit in-the State of Washington, then such ship-ment shall be placed within sealed containers, com-posed of metallic or other material, so that the samecan not be broken or opened, or be liable to be broken,or opened, so as to permit any of the said shipment,insects, their eggs, larvae, or pupae or animal orplant disease to escape from such sealed containersand the said containers shall not be opened whilewithin the State of Washington.

SEC. 6. Whenever the director of agriculture de- Regulationscovering in-

clares, promulgates and issues quarantine measures, spections intransit.

orders or regulations against any part or portion ofthis state or any other state or country or sectionthereof, for the protection of any forest, agricultural,horticultural, ornamental or floral trees, shrubs orplants, and there shall be received in this state, anyforest, agricultural, horticultural, ornamental or

Ch. 1051

SESSION LAWS, 1921.

floral trees, shrubs, or plants, or the raw productsthereof, from any part or portion of this state or anyother state or country or section thereof, againstwhich the quarantine has been issued as to such com-modity, it shall be the duty of the person, or the of-ficial of the carrier having such shipment in chargefor delivery, unless the same is accompanied by acertificate of inspection and approval.by a horticul-tural inspector of this state, showing that the samewas inspected and approved at the initial point ofshipment, to notify the horticultural inspector sta-tioned nearest to the point where said shipment is re-ceived, of the receipt of such shipment giving thename of the consignor and consignee and stating thatsuch shipment is ready for inspection and delivery.Said notification shall be either by telephone or tele-graph, and confirmed by written notice delivered per-sonally to said inspector or to some person of suit-able age and discretion at his residence or office, orby mail addressed to said inspector at his place ofresidence or at his office; and it shall be unlawful forany such agent or person having such shipment incharge to deliver the same to the consignee or toany other person until the same shall have been in-spected by a horticultural inspector: Provided, how-ever, That such agent shall not be required to holdsuch shipment more than forty-eight hours after no-tifying the inspector as aforesaid, except in case thenotice is given by mail, in which event, such ship-ment shall be held for such period beyond said forty-eight hours as is ordinarily required for delivery ofmail to the address of the inspector. Upon the de-livery to the consignee of a shipment accompaniedby a certificate of inspection as aforesaid, the agentor person making the delivery shall retain the cer-tificate of inspection showing his authority for re-leasing the same.

312 [Ch. 105.

SESSION LAWS, 1921.

SEC. 7. Every person who shall violate or fail Violation.

to comply with any rule or regulation. adopted and a

promulgated by the director of agriculture in accord-ance with and under the provision of this act shallbe guilty of a misdemeanor, and for a second andeach subsequent violation or failure to comply withthe same rule or regulation, shall be punished by im-prisonment in the county jail for not less than thirtydays or more than one year, or by a fine of not lessthan $100.00, or more than $1,000.00, or by both suchfine and imprisonment.

SEC. 8. This act shall not be construed as re- scope of act.

pealing or limiting any of the provisions of existinglaws touching on any of the matters herein referredto, but shall be deemed to be supplemental thereto.


CHAPTER 106.[H. B. 139.]

DISTRIBUTION OF WATER FOR IRRIGATION PURPOSES.

AN ACT relating to the supervision of the distribution of waterfor irrigation purposes, the creation of water distribution dis-tricts, the providing of a fund therefor and the levying oftaxes on the lands included therein.


SECTION 1. For the purpose of securing econ- Creation ofwater distri-omy, fairness, promptness and accuracy in the dis- bution dis-tricts.

tribution of water for the irrigation of agricultural i

lands the board of county commissioners of anycounty may create a water distribution district ordistricts Within such county and may enlarge, reduce,consolidate or divide any district already created or

Ch. 106.] 313

SESSION LAWS, 1921.

create new districts from time to time in the mannerhereinafter set forth.

SEC. 2. Whenever two or more owners of cer-Petition of tificates of the right to divert waters issued by theo~kners orcertificates. state hydraulic engineer, resident upon the land to

which said rights are appurtenant, shall petition theboard of county commissioners asking that theirlands be included either separately or with otherlands designated in the petition in a district to beformed for the purposes set forth in section 1 of thisact, the board shall fix a time for the hearing of suchpetition and shall give notice of such hearing as here-inafter provided.

SEC. 3. Said petition shall describe all the landency of to be included in the district by ownerships, shall

give the name and last known address of the ownersthereof, the nature, extent and priority of the waterright appurtenant to each ownership and the locationof the diversion points on the stream from whichwater for said lands is derived and shall be signedby the petitioners. Attached to such petition shallbe a map outlining the present location of the ditchesmaking up the distribution system on the lands tobe included in the district, and the written approvalof the state hydraulic engineer. Any petition forthe modification of any existing district shall followthe same general form in this section outlined.

SEc. 4. At least thirty days before the day ofNotice of ernonsitofrathbadhearing hearing on said petition to form a district, the board

of county commissioners shall give a notice of such.hearing by mailing a copy of the same by registeredmail to the landowners named in the petition, byposting copies of the notice in three conspicuousplaces within the proposed district and one at thecourt house, and by publishing a copy of same in anewspaper of general circulation published in saidcounty for three successive weeks, the date of the

[Ch. 106.

SESSION LAWS, 1921.

first publication to be at least thirty days before theday of hearing. Said notice shall contain a copy ofthe petition, omitting the map and written approvalof the state hydraulic engineer, shall state the timeand place of the hearing, and shall require any per-son interested to appear at such hearing and showcause in writing, if any he has, why said districtshould not be formed.

SEc. 5. At the -hearing on such petition the Determina-

board of county commissioners shall determine hearing.

whether such district shall be created and shall fixthe boundaries thereof according to the prayer of thepetition or otherwise.:- Provided, That said boardshall not include any land which is a part of an es-tablished irrigation district; nor shall the board addany lands not described in the petition, unless therecord owners thereof have previously been notified,as in this Act provided, and given an opportunityto be heard; nor shall any petition be considered un-less the written approval of the state hydraulic en-gineer be attached thereto. Said hearing may becontinued from time to time for the purpose of con-sidering additional land, or giving further notice orfor any purpose which in the judgment of the boardof commissioners may render a continuance of thehearing necessary. If a district is created the boardof county commissioners shall pass a resolution andspread the same upon the minutes of the board de-claring such fact, and designating the territory in-cluded in such district as "Water Distribution Dis-trict No..................... county."

SEc. 6. Such district shall be administered by trute

three resident freeholders acting as a board oftrustees. Said trustees shall be appointed by thestate hydraulic engineer and shall hold office duringhis pleasure without pay except for actual expenses.Said board of trustees shall have the following duties dies an

and powers:.

Ch. 106.1 315

(1) They shall hire for a reasonable wage andfor such time as they may determine, a person, orpersons if more than one are necessary, to act asditch master whose duty it shall be to apportion thewater to the several lands in the district accordingto their respective rights.

(2) They shall, when authorized by a vote ofthe record land owners as hereinafter provided, un-der the general supervision and control of the statehydraulic engineer, improve the system of the dis-tribution of water for irrigation, and to that end mayacquire rights of way for ditches by purchase or bycondemnation, and may construct new ditches or re-pair existing ones, either by contract or by day laboror both, and employ engineering and legal advice.

(3) They shall on or before the second Mondayin September make out and file with the board ofcounty commissioners a detailed estimate of the ex-pense of the district for the ensuing year, includingany delinquencies in previous taxes as a basis forthe annual tax levy against the property in said dis-trict.

(4) They shall prosecute or defend such actionsas may be necessary to carry out the purposes ofthis act, and for that purpose may employ counsel.

SEC. 7. For the purposes herein specified theTax levy. board of county commissioners shall annually levy

on all the taxable property within any district a taxfor such district not to exceed ten mills on the dollarunless previously authorized by a vote of the land-owners of such district in which case such tax shallnot exceed twenty-five mills to be levied and collectedas in this Act provided.

SEC. 8. The tax levies herein provided for shalltox on of be included in the regular tax rolls of the county and

shall be extended on said rolls against the propertyliable therefor the same as other taxes are extended,and shall become a part of the general tax against

316 SESSION LAW-AS, 1921. [Ch. 106.

SESSION LAWS, 1921.

such property and shall be collected with the sameterms and penalties attached, at the same times, bythe same officials, and accounted for the same asother taxes are.

SEC. 9. The taxes collected by the county treaS- Disburse-ment of

urer shall be held and disbursed as a special fund for taxes.

such district, and shall be paid out only on warrantsissued by the county auditor upon vouchers approvedby the board of trustees of said district except thatvouchers for the expenses of said trustees shall beapproved by the state hydraulic engineer.

SEc. 10. No district shall have authority to con- Limitationson obliga-

tract obligations in any year in excess of the esti- tons.

mated revenues for that year, except in case of anunforeseen catastrophe rendering the distributionsystem or any part of the same useless or dangerousto life and property.

SEC. 11. Such district, when organized, shall be District, abody cor-

and constitute a body corporate with power to con- porate.

tract, sue and be sued in its corporate name, andsaid district shall have the power of eminent domainto be exercised under the provisions of the law givingprivate corporations such right.

SEC. 12. The board of trustees of any district fPans for im-provement of

may, when in its judgment the best interests of the district.

district will be subserved thereby, submit to the land-owners a plan for the improvement of the water dis-tribution system in operation in such district. Suchplan shall be outlined under the supervision of thestate hydraulic engineer and shall include a generalstatement of the improvements contemplated to-gether with an estimate of the total cost thereof.

SEC. 13. Such plan shall be voted upon by the vote on

landowners of the district at a special election called pn

for that purpose. The board of trustees shall byresolution, outline the plan of improvement, fix thetime and place of election, establish one or more vot-

Ch. 106.1 317

ing precincts, appoint the usual election officials andcause a twenty day notice of same to be given asherein provided.

SEC. 14. Such notice shall be posted in at least'Notice of ~epbielection. five public and conspicuous places in each precinct

in the district, one of which shall be at the pollingplace, and no other form of notice shall be required.Said notice shall be typewritten or printed and shallcontain a general statement of the plan of improve-ment, including the nature, extent and estimated costof same, shall state the day and polling place of elec-tion and the hours during which the polls shall beopen, which shall be from the hour of 9 A. M. to 4P. M., and shall state that the election shall be byballot, and shall be signed by a member of the boardof trustees.

u o SEC. 15. Such election shall be conducted in theeonect o usual manner. The election officials shall have power

to fill vacancies and administer oaths to each other.The ballots shall be of uniform size, shall be type-written or printed and shall contain the following:"Improvement Yes ........ and Improvement No......... "; and across the top of the ballot: "In-structions to voters-To vote for the improvementas outlined in the notice of election, place a cross (x)on the line opposite the word 'yes.' To vote againstthe same, place a cross (x) on the line opposite theword 'no'."

Any person of the age of twenty-one (21) years,being a citizen of the United States and a residentof the State of Washington, and who holds title toland or evidence of title to land embraced withinthe boundaries of said distribution district, shall beentitled to vote at said election. Additional qualifi-cations for voting required by the general electionlaws of the state shall not apply: Provided, Thatwhere the title or evidence of title to community landis held by the husband or the wife, both members of

318 SESSION LAWS, 1921. [Ch. 106.

SESSION LAWS, 1921.

such community shall be entitled to vote: Provided,further, That at any election held under the provi-sions of this act, an officer or agent of any corpora-tion owning land in the district, duly authorizedthereto in writing, may cast a vote on behalf of saidcorporation; when so voting he shall file with theelection officers such written instrument of his au-thority, and such officer or agent shall be deemed anelector within the meaning of this Act. An electorshall vote in the precinct in which the greater por-tion of his land, or of the land which he represents,lies. At the close of said election, the officials shallpublicly count the votes and make a return of the re-sults forthwith to the board of trustees, which re-turn shall include the used ballots, the original polllist, tally sheets and the appointment and oaths ofelection officials.

SEc. 16. On the first Monday after said election Canvass ofelection re-

the board of trustees shall meet as a canvassing turns.

board to canvass the results of said election. Saidboard shall examine the proof of the posting of thenotice of election, the appointments and oaths ofelection officials, the returns of election and shall de-termine their sufficiency and regularity. Said can-.vassing board shall then tabulate the votes and de-termine the result of the election. At the conclusionof the canvass said board shall pass a resolution de-claring its findings and conclusions and such resolu-tion shall be final and conclusive upon the world ex-cept for fraud or other illegal acts on the part ofthe canvassing board materially affecting the rightsof any owner of land included in the district.

SEC. 17. If the majority of the votes cast at said T promed

special election are in favor of the improvement, the upom t

board of trustees shall proceed with said improve- Jority vote.

ment in such manner as they may determine, underthe provisions of this Act: Provided, That said im-provement shall at all times be under the general

Ch. 106.1 '319 .

supervision and control of the state hydraulic engi-neer and all disputes regarding the character, suf-ficiency and practicability of the improvement shallbe settled by that officer and his decision in such mat-ters shall be final and conclusive upon the courts.The expenses of the state hydraulic engineer in-curred in the exercise of his duties under this sectionshall be paid by the district.

SEC. 18. After said. improvements have beenExpense of completed, the board of trustees shall include in theirimprovementadded to annual estimate such sums, if any, that may be neces-levy.

sary to maintain said improvements and keep thesame in reasonable repair, and the board of countycommissioners shall have the power to include thesame in the annual levy without a vote of the land-owners of the district within the limits prescribedin section seven of this Act.

SEC. 19. All acts or parts of acts in conflict withScope of act. the provisions of this act are hereby repealed: Pro-

vided, That nothing herein contained shall be con-strued as affecting, superseding, or repealing any ofthe provisions of law relating to Irrigation Districts.

SEC. 20. If any section, subdivision, sentence orPartial clause of this act is for any reason held to be uncon-validity. cas fti c sfrayrao edt eucn

stitutional, such decision shall not affect the validityof the remaining portions of the act.


320 SESSION LAWS, 1921. [Ch. 106.

Ch. 107.] SESSION LAWS, 1921. 321

CHAPTER 107.fH. B. 165.]

PARKS, PARKWAYS, BATHING BEACHES, ROADSAND PUBLIC CAMPS.

AN ACT relating to parks, parkways bathing beaches, roads andpublic camps, authorizing any city or separately organizedpark district to acquire or join in the acquisition thereof,and pertaining to the care, control, and improvement thereof.


SECTION 1. Any city in this state acting through Cityo park

its city council, or its Board of Park Commissioners acquire, con-

when authorized by charter or ordinance, and anyseparately organized park district acting throughits Board of Park Commissioners or other govern-ing officers shall have power, acting independentlyor in conjunction with the United States, the Stateof Washington, any county, city or park district orany number of such public organizations to acquir eany land within this state for park, parkway, bath-ing beaches, roads or public camp purposes androads leading from said park, parkway, bathingbeaches, roads or public camp to nearby highwaysby donation, purchase or condemnation, and to carefor, control, supervise, improve, operate and main-tain parks, parkways, bathing beaches, roads andpublic camps upon any such land, including thepower to enact and enforce such police regulations,not inconsistent with the constitution and laws ofthe State of Washington, as are deemed necessaryfor the government and control of the same.

SEC. 2. Any city or park district shall have contracts for

power to enter into any contract in writing with anyorganization or organizations referred to in this actfor the purpose of exercising any power granted bythis act.

-11

SEC. 3. Any city or separately organized parkRules and district shall have power to establish, care for, con-regulations

geprnn trol, supervise, improve, operate and maintain a pub-lic camp or camps anywhere within this state, andto that end may make, promulgate and enforce anyreasonable rules and regulations in reference to suchcamps and make such charges for the use thereof asmay be deemed expedient.

SEC. 4. This act shall not be construed to repealScope of act. or limit any existing power of any city or park dis-

trict, but to grant powers in addition thereto.Passed the House, February 26, 1921.Passed the Senate, March 8, 1921.Approved by the Governor March 17, 1921.

CHAPTER 108.[S. H. B. 233.1

MOTOR VEHICLES.

AN ACT relating to the operation of vehicles and the use of publichighways, providing for the licensing of persons operatingmotor vehicles, providing for the. enforcement thereof andall other highway and motor vehicle laws and prescribingpenalties for violations thereof; and making appropriations.


SECTION 1. (1) "Motor vehicle" shall include"motor all vehicles or machines propelled by any powervehicle" de-. .fined. other than muscular, used upon the public highways

for the transportation of persons, freight, produce,or any commodity, except traction engines tempo-rarily upon the public highway, road rollers or roadmaking machines, and motor vehicles that run uponfixed rails or tracks.

(2) "M\otor truck" shall mean any motor ve-truck'de- hicle designed or used for the transportation of com-fined. umodities, merchandise, produce, freight, or animals.

322 SESSION LAWS, 1921. [Ch. 108.

SESSION LAWS, 1921.

(3) The word "operator" whenever used in this "Operator"

act shall be held to mean any person who operatesor drives a motor vehicle.

SEC. 2. It shall be unlawful for any person un- Restrictionscovering per-

der the age of fifteen years to operate or drive any sons under

motor vehicle, unless such person is accompanied by yar

his or her parent or guardian: Provided, That onrecommendation of the school directors of any dis-trict and the consent of the parents of any minor aspecial permit may be issued by the director of li-censes permitting any child to drive an automobilefor the purpose of attending school, the cost of suchpermit to be one-half of the regular license fee:Provided, That this shall not permit children todrive an automobile within cities of the first class.

SEC. 3. It shall be unlawful for any person un- Restrictionscovering per-

der the age of eighteen years to operate or drive sons under18 years.

a motor truck of the capacity of four tons or more.SEC. 4. It shall be unlawful for any person Un- Restrictions

covering per-der the age of twenty-one years to operate a motor sons under

vehicle while being used for the transportation of 21 years.

passengers for hire: Provided, That upon the appli-cation of any person to the director of licenses, thesaid director of licenses, may in his discretion granta special permit to such person under the age oftwenty-one years.

SEC. 5. From and after August 1, 1921, it shall Drivinglicense,

be unlawful for any person. to operate or drive amotor vehicle without having first obtained and hav-ing in force a license so to do as provided in thisact: Provided, however, That in case of emergency,to be determined by any sheriff, chief of police,police judge or judge of the superior court, said of-ficer so determining such emergency may, upon theexecution and delivery to him of an application foran operator's license as provided in section six here-of and the delivery to him of a certified check or post

Ch. 108.]1 323

office money order payable to the state treasurerfor the prescribed license fee, issue to such applicanta temporary operator's license, effective immediate-ly which shall terminate on the issue and delivery ofthe annual license provided for in this act, or on no-tice of the rejection of the application for such li-cense, and upon delivery of such annual license tothe applicant, or on notice of the rejection of theapplication therefor, such temporary license shallbe surrendered and marked cancelled across the facethereof by the officer so issuing same; but nothingin this act contained shall be construed as prohibit-ing any non-resident of this state over the age offifteen years from operating a motor vehicle otherthan a motor truck or motor vehicle used for thetransportation of passengers for hire, without hav-ing first obtained and having in force a license so todo as in this act provided, if such person shall havefully complied with the laws of the state of his resi-dence respecting the licensing of motor vehicles andthe operation thereof: Provided, That if such non-resident shall be convicted by any court of com-petent jurisdiction of violating any of the provisionsof the laws of this state relating to motor vehiclesor to the operation thereof he shall thereafter besubject to, and required to comply with all the pro-visions of this act: Provided, further, That any per-son over fifteen years of age, when accompanied bya license operator may operate or drive a motor ve-hicle for a period not to exceed fifteen days for thepurpose of receiving instructions necessary to se-cure an operator's license.

SEC. 6. (1) Every person over fifteen years1.oo fee for of age desiring to drive or .operate a motor vehicle

persons Over15 years. upon the public highways of this state as an opera-

tor shall pay to the state treasurer a fee of $1.00and file with the state treasurer an application inwriting so to do upon a blank to be provided for

324 SESSION LAWS, 192L [Ch. 108.

SESSION LAWS, 1921.

that purpose by the director of licenses. The ap-plication shall contain the name, age, weight, height,color of eyes, color of hair, place of residence andsuch other information as may be required by thedirector of licenses.

(2) In case such applicant at the time of filingsuch application shall have operated a motor vehiclefor a period of ten days or over, such applicationshall be accompanied by certificate of two citizensof this state, stating that the applicant is an ex-perienced careful driver of a motor vehicle and isfree from any physical infirmities or personal habitswhich would tend to impair his ability safely to op-erate a motor vehicle under the laws of this state:Provided, That in case of a minor, such applicationshall also be approved by the father, mother, orlegal guardian of the applicant, or by a judge ofthe superior court.

(3) It shall be the duty of the director of li-censes to examine the papers in connection with eachapplication and in case of doubt he may require suchfurther examination under his direction as shall de-termine the applicant's fitness or unfitness to op-erate a motor vehicle. The director of licenses shallhave power to issue a license to operate any motorvehicle or to operate only such motor vehicle as thelicense shall designate.

SEC. 7. Upon the receipt of any application f6r Procedue

a license to drive or operate motor vehicles, accom- tion.

panied by the required fee as provided in the preced-ing sections, it shall be the duty of the state treas-urer to endorse on such application his duplicate-receipt for the fee and to transmit the same to thedirector of licenses who, if the application be inproper form, shall issue to the applicant an opera-tor's license, in such form as may be prescribed bythe director of licenses, stating the name and placeof residence, and a brief description of the licensee,

Ch. 108.] 325

which license shall be printed in black letters uponwhite paper or cardboard, and shall bear a serialnumber, and shall contain a blank for the signatureof the licensee. Such license when issued shall beforwarded by mail to the applicant to the addressshown on the application. Such licenses to be validmust have endorsed thereon the signature of theowner-thereof, and it shall be the duty of every per-son holding a license issued under the provisionsof this act, while operating his motor vehicle underthe authority of such license, to have such licensein his personal possession or in such motor vehicle.Licenses issued under the provisions of this actshall be for a period of two years from August 1st,1921, and shall be renewed biennially thereafter.

SEC. 8. It shall be the duty of the director of li-Furnishing censes to furnish to the clerks of the superior courts,blank formsof licenses. the justices of the peace, and the police judges of

the various counties, cities and towns throughoutthe state, in such quantity as he shall deem neces-sary, blank forms of operators' licenses, printed onpaper or cardboard of two colors respectively, name-ly blue and yellow, and containing blanks for the in-sertion of serial numbers and the signature of thelicensee.

SEC. 9. In case of the conviction of any person,Surrender holding an operator's license issued under the pro-and cancel-lation of visions of this act, for the violation of any of thelicense.

motor vehicle laws of this state, or any of the pro-visions of this act, the court, judge or justice beforewhom the conviction is had shall have the power inhis discretion, in addition to imposing any of thepenalties provided by law, to require the defendantto surrender his operator's license forthwith to thecourt, and shall thereupon cancel such operator'slicense by writing across the face thereof the word"cancelled" and dating and signing the same. Thecourt shall thereupon issue to the defendant a dupli-


SESSION LAWS, 1921.

cate of his license printed on blue paper or card-board and bearing the same serial number as the li-cense cancelled, and shall require the licensee tosubscribe his name thereto in the presence of thecourt, and shall immediately transmit the cancelledlicense to the director of licenses; and in case of theconviction of any person holding an operator's bluelicense for the violation of any of the motor vehiclelaws of this state, or the provisions of this act, thecourt, judge or justice before whom the conviction ishad, shall.have the power in his discretion, in addi-tion to imposing such penalty as may be provided bylaw, to take up and cancel such operator's blue li-cense and issue to the licensee an operator's yellowlicense, bearing the same serial number, and to re-quire the licensee to subscribe his name thereon inthe presence of the court, and to immediately trans-mit said cancelled blue license to the director of li-censes; and in case of the conviction of any personholding an operator's yellow license of any viola-tion of the motor vehicle laws of this state, or theprovisions of this act, the court, judge or justice be-fore whom such conviction is had shall have thepower in his discretion, in addition to imposing anypenalty provided by law, to take up and cancel suchoperator's yellow license, and to immediately trans-mit said cancelled license to the director of licenses.

SEC. 10. It shall be the duty of the director of Filing can-

licenses, upon receiving any license cancelled by acourt, judge or justice under the provisions of thepreceding sections, to file and keep the same in therecords of his office.

SEc. 11. In the event of the loss or destruction Issuance ofduplicate

of any operator's license issued under the provisions license.

of this act, except by cancellation as provided inthe preceding sections, the licensee may obtain aduplicate thereof upon filing with the state treas-urer an affidavit stating the facts and the color and

Ch. 108.1 327

serial number of the licenses lost or destroyed, andpaying a fee of fifty cents to the state treasurer.Upon the receipt of such affidavit accompanied by theproper fee, it shall be the duty of the state treasurerto endorse upon the affidavit his duplicate receipt ofthe fee and to transmit the same to the director oflicenses, who, after verifying the color and numberof the licenses held by the licensee by an examina-tion of the records of his office, shall issue to thelicensee a duplicate license bearing the same serialnumber and of the same color as that held by thelicensee.

SEC. 12. No person who shall have had an op-Issue of new erator's vellow license cancelled as provided in thislicense aftercancellation. act shall be entitled to have issued to him an opera-

tor's license, until the expiration of three monthsfrom the date of the cancellation of such operator'syellow license.

SEC. 13. The state treasurer shall, on the next"Highway business day after receiving any license, as providedFund." in this act, pay the same into the state treasury

into a special fund to be known as the "HighwaySafety Fund," which fund is hereby created in thestate treasury, and all expenses incurred in the en-forcement of the provisions.of this act shall be paidfrom moneys appropriated from the said highwaysafety fund.

SEC. 14. One-half of all fines and forfeituresDisposition collected for violation of the provisions of this actof fines andforfeitures. outside of cities and towns of the first, second, third

and fourth class, shall be paid into the current ex-pense fund of the county wherein collected and thebalance thereof shall be paid to the permanent high-way maintenance fund of said county and all finesand forfeitures collected for violation of the provi-sions of this act in cities and towns of the first, sec-ond, third and fourth class shall be paid by the

328 SESSION LAWS, 1921. [Ch. 108.

SESSION LAWS, 1921.

county treasurer to the treasurer of such city ortown of the first, second, third or fourth class, andby him placed to the credit of the street repair andmaintenance fund of such city or town.

SEC. 15. It shall be unlawful for any person to Penalty forfalse state-

make any false statement in any application for a -ents on ap-

license under the provisions of this act, or for theissuance of any duplicate of such license, or for anyperson holding a license issued under the provisionsof this act to drive or operate any motor vehiclewhile intoxicated or under the influence of any nar-cotic drug or while mentally or physically disabled;any person violating the provisions of this sectionshall, in addition to the other penalties provided bylaw, forfeit his license.

SEc. 16. Every person violating or failing to violation ofact.

comply with any provisions of this act shall be guiltyof a misdemeanor: Provided, That any person op-erating or driving a motor vehicle upon the high-ways of this state after having his operator 's yellowlicense cancelled as provided in this act, shall beguilty of a gross misdemeanor.

SEC. 17. It shall be the duty of the director of Highway

efficiency to appoint a sufficient number of highwaypolice who shall have the power of peace officers forthe purpose of enforcing all motor vehicle laws,rules and regulations.

SEC. 18. If any section or provision of this act Partial in-validity.

shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of theact as a whole or any section, provision or part there-of not adjudged to be invalid or unconstitutional.

SEC. 19. The secretary of state shall have the Powers andduties con-

power and it shall be his duty to exercise all the ferred.

powers and perform all the duties imposed by thisact on the director of licenses until such time as thedirector of licenses shall be appointed and qualify

Ch.. 108.1 329

and assume and exercise the duties of his office. Andthe state highway commissioner shall have the powerand it shall be his duty to exercise all the powersand perform all the duties imposed by this act uponthe director of efficiency and the supervisor of high-ways until such director and supervisor are ap-pointed and qualify and shall assume and exercisethe duties of their offices.

SEc. 20. The following sums or so much thereofAppropria- as shall be severally found necessary are hereby ap-tion.

propriated out of any moneys in the highway safetyfund for the fiscal term beginning April 1, 1921, andending March 31, 1923:

FOR THE OFFICES OF THE DIRECTOR OF LICENSES AND THE

STATE TREASURER:

Clerk hire, supplies, material and service .............. .$60,000 00

For the supervisor of highways to be used in supervis

ing the maintenance of state highways ............ $50,000 00

FOR THE OFFICE OF THE DIRECTOR OF EFFICIENCY:

(Expenditures not to exceed collections.)

Salaries, supplies, material and service............ $200,000 00

SEC. 21. All acts and 'Parts of acts in conflictRepealinged.clause. h P a e he H e a 1 9.


330 SESSION LAWS, 1921. [Ch. 108.

SESSION LAWS, 1921.

CHAPTER 109.[S. H. B. 18.]

DIVORCE AND ALIMONY.

AN ACT relating to divorce and alimony, prescribing the groundsand procedure required therefor, and the duties of judgesand prosecuting attorneys in relation thereto; providing forthe modification of final orders, judgments or decrees in di-vorce actions or proceedings by superior courts in countiesother than where originally heard and determined; amend-ing sections 982, 988 and 995 and inserting new sections to benumbered 982-1, 988-1, 995-1, 995-2, 995-3, 995-4 and 995-5 ofRemington & Ballinger's Annotated Codes and Statutes ofWashington (the same being sections 7501, 7507 and 7511and 7501-1, 7507-1, 7511-1, 7511-2, 7511-3, 7511-4 and 7511-5 ofPierce's Code) and repealing sections 991, 992 and 993 ofRemington & Ballinger's Annotated Codes and Statutes ofWashington (the same being sections 7514, 7515 and 7516 ofPierce's Washington Code).


SECTION 1. That Section 982 of Remington &Ballinger's Annotated Codes & Statutes of Wash-ington (being Sec. 7501 of Pierce's WashingtonCode), be amended to read as follows:

Section 982. Divorces may be granted by the Grounds fordivorce.superior court on application of the party injured,

for the following causes:1. When the consent to the marriage of the

party applying for the divorce was obtained by forceor fraud, and there has been no subsequent volun-tary co-habitation.

2. For adultery on the part of the wife or of thehusband, when unforgiven, and the application ismade within one year after it shall have come to theknowledge of the party applying for a divorce.

3. Impotency.4. Abandonment for one year.5. Cruel treatment of either party by the other,

or personal indignities rendering life burdensome.

31Ch. 109.]

6. Habitual drunkenness of either party, or theneglect or refusal of the husband to make suitableprovisions for his family.

7. The imprisonment of either party in a statepenal institution if complaint is filed during the termof such imprisonment.

8. A divorce may be granted to either or both ofthe parties in all cases where they have heretoforelived or shall hereafter live separate and apart fora period of five consecutive years or more. In allsuch cases, the divorce may be granted on the ap-plication of either husband or wife, and either hus-band or wife shall be considered the injured partyand the period of five years or more shall be com-puted from the time the separation took place.

9. In case of incurable, chronic mania or de-mentia of either spouse having existed for five yearsor more, while under confinement by order of a courtof record, the court may, in its discretion, grant adivorce.

Section 982-1. When, in the opinion of.the court,Stay of pro- the previous or present conduct of either of theceedingspending. parties to a divorce action shows a probable viola-prosecutionfor non-sup- tion of any of the criminal laws of the state relativeport.

to non-support, he may, in his discretion, refuse togrant an interlocutory order until the suspectedparty is prosecuted and finally found guilty or in-nocent.

SEC. 2. That Section 988 of Remington & Bal-linger's Annotated Codes and Statutes of Washing-ton (being Section 7507 of Pierce's WashingtonCode) be amended to read as follows:

Section 988. Pending the action for the divorce,Itrocutory the court, or judge thereof, may make, and by at-

tachment enforce, such orders for the disposition ofthe persons, property and children of the parties asmay be deemed right and proper, and such ordersrelative to the expenses of such action as will insure

332 SESSION LAWS, 1921. [Ch. 109.

SESSION LAWS, 1921.

to the wife an efficient preparation of her case, anda fair and impartial trial thereof; at the conclusionof the trial the court must make and file findings offact and conclusions of law. If it determines thatno divorce shall be granted final judgment mustthereupon be entered accordingly. If, however, thecourt determines that either party, or both, is en-titled to a divorce an interlocutory order must beentered accordingly, declaring that the party inwhose favor the court decides is entitled to a decreeof divorce as hereinafter provided; which order shallalso make all necessary provisions as to alimony,costs, care, custody, support and education of chil-dren and custody, management and division of prop-erty,. which order as to the custody, management anddivision of property shall be final and conclusiveupon the parties subject only to the right of appeal;but in no case shall such interlocutory order be con-sidered or construed to have the effect of dissolvingthe marriage of the parties to the action, or of grant-ing a divorce, until final judgment is entered: Pro-vided, That the court shall, at all times, have thepower to grant any and all restraining orders thatmay be necessary to protect the parties and securejustice. Appeals may be taken from such interlocu-tory order within 90 days after its entry.

Section 988-1. At any time after six months Final decree

have expired, after the entry of such interlocutory of divorce.

order, and upon the conclusion of an appea'l, if takentherefrom, the court, on motion of either party,shall confirm such order and enter a final judgmentgranting at absolute divorce, from which no appealshall lie.

SEC. 3. That Section 995 of Remington & Bal-linger's Annotated Codes and Statutes of Washing-ton (being Sec. 7511 of Pierce's Washington Code)be amended to read as follows:

Srice of allSection 995. Each party to any divorce action p"'"on

shall serve the prosecuting attorney of the county aton

Ch. 109.] 333

in which the action is commenced with copies of allpleadings, notice of trial, motions or orders therein,at the time of or immediately after their serviceupon the opposite party or his or her counsel, andin case the summons is served by publication a copyof the summons and complaint shall be served uponthe prosecuting attorney immediately after the filingof the complaint in the county clerk's office. It

Prosecuting shall be the duty of the prosecuting attorney to ap-attorney toappear. pear upon the trial of every default or non-contested

divorce case, and in such other divorce cases as thepresiding judge may direct, in his county and advisethe court, and to that end he shall have power uponorder of the court to cause witnesses to be sub-poenaed to testify at the trial, respecting anycharges made in the complaint or answer or uponany vital matter touching the status of the partiesor the performance or neglect of any duty by either,and the witness fees of such witnesses called by theprosecuting attorney shall be charged to the county.Neither the prosecuting attorney nor his deputy northe law partner of either shall accept employment inany divorce case in his county or receive any fee orcompensation from either party.

Section 995-1. Actions for divorce filed prior toAct not the taking effect of this act shall be governed by theretroactive.

law applicable thereto at the time of the commence-ment of the action.

SEC. 4. Insert four new sections to be known assections 995-2, 995-3, 995-4, 995-5 as follows:

Section 995-2. Hereafter every action or pro-Change of ceeding to change or modify any final order, judg-order, j udg-nent or de- ment or decree heretofore or hereafter made and en-cree relativeto children. tered in any divorce action or proceeding in relation

to the care, custody or control, or the support andmaintenance, of the minor child or children of themarriage shall be brought in the county where saidminor child or children affected are then residing,

334 SESSION LAWS, 1921. [Ch. 109.

SESSION LAWS, 1921.

or in the county where the parent or other personwho has the care, custody or control of the said minorchild or children affected is then residing.

Section 995-3. Upon the filing of a properly Hearing on

verified petition, to be entitled as in the original di- petition

vorce action or proceedings, together with a certifiedcopy of the order, judgment or decree sought to bechanged or modified thereby, the superior court ofthe county in which said petition is filed shall havefull and complete jurisdiction of the cause and shallthereupon order such notice of the hearing of saidpetition to be given as the court shall determine.

Section 995-4. The court shall have power to Filing ofrecords and

cause either party to said action or proceeding to files in orig-inal action.

file so much or all of the records and files in theoriginal divorce action or proceeding as the courtshall deem necessary or proper; and to make andenter all necessary or proper orders for a full hear-ing and determination of said petition.

Section 995-5. Upon a full hearing and deter- Filing oforder, etc., In

mination of said petition the court shall make and county of theoriginal ac-

enter such order, judgment or decree in said cause tion.

as the evidence and the law requires; a certified copyof such order, judgment or decree to be filed and en-tered in the county wherein said original divorceaction or proceeding was had within thirty daysthereof.

SEc. 5. Sections 991, 992 and 993 of Remington Repealingclause.

& Ballinger's Annotated Codes and Statutes ofWashington (being Sections 7514, 7515 and 7516 ofPierce's Washington Code) are hereby repealed.


Ch. 109.1 335

SESSION LAWS, 1921.

CHAPTER 110.[S. B. 238.]

REFUNDS AND OVERCHARGES BY PUBLIC SERVICE

COMPANIES.AN ACT relating to refunds of overcharges made by public service

companies, as defined in chapter 117 of the Laws of 1911, anddeclaring that this act shall take effect immediately.


SECTION 1. That the director of public worksPowers and shall have power and it shall be his duty, upon com-duties of di-rector of plaint in writing being made to him, to determinepublic worka. the amount of overcharge made and refund due in

all cases where any public service company, as de-fined in chapter 117 of the Laws of 1911, charges anamount for any service rendered in excess of thelawful rate in force at the time such charge wasmade, or which may thereafter be declared to be thelegal rate which should have been applied to theservice rendered, and to determine to whom theovercharge should be paid: Provided, That this actshall not apply to controversies arising in relationto contracts in existence prior to the taking effectof said chapter 117 of the Laws of 1911.

SEC. 2. Upon determining the amount of over-Judgment charge due from any such public service company,for over-charge. the director of public works may, if he deem it

necessary to insure the prompt payment of the sameto him, render judgment against such public servicecompany for the amount of such overcharge. Fromand after the time that a transcript of said judg-ment is filed with and recorded and indexed by thecounty auditor as instruments relating to real andpersonal property are filed, recorded and indexed, itshall be a lien against all real and personal propertyof such public service company located in-the county

[Ch. 110..336

SESSION LAWS, 1921.

in which such transcript is filed, recorded and in-dexed. Such judgment may be enforced by execu- Collection.

tion and sale through the sheriff of any county inwhich is found any real or personal property belong-ing to such public service company, said execution tobe delivered to the sheriff by the director of publicworks and the execution to be levied and the salemade by the sheriff in the same manner as levies andsales are made on judgments of the superior court.

SEC. 3. All refunds collected by the director of Payment ofrefunds col-

public works under this act shall immediately be paid lected.

to the person, firm or corporation entitled theretoless a fee of ten per cent on the amount collected,which shall be charged by the director of publicworks, deducted by him and paid into the public serv-ice revolving fund of the state treasury.

SEc. 4. All refunds collected by the director of Unclaimedrefunds.

public works and which at the expiration of two yearsare unclaimed, or which he is unable to deliver to theperpon entitled thereto, shall be paid by the directorof public works into the public service revolving fundof the state treasury.

SEC. 5. The director of. public works shall have Rules andregulations.

power to make rules and regulations for carrying outthe provisions of this act.

SEc. 6. Hearings to determine the amount of any Hearingsand proced-

refund due under this act shall be held in the same ure.

manner, the same procedure followed, and judgmentsand orders subject to review and appeal in the courtsas is provided for hearings, procedure, reviews andappeals in matters before the public service commis-sion of Washington under the provisions of chapter117 of the Laws of 1911.

SEc. 7. The public service commission of Wash- Powers andduties con-

ington shall exercise all the powers and perform all ferred.

the duties by this act vested in, and required to beperformed by the director of public works, until such

Ch. 110.1 337

time as such officer shall be appointed, qualify, as-sume and exercise the duties of his office.


tions, and shall take effect immediately.Passed the Senate March 3, 1921.Passed the House March 7, 1921.Approved by the Governor March 17, 1921.

CHAPTER 111.[H. B. 160.]

TRANSPORTATION BY MOTOR VEHICLES.

AN ACT providing for the additional supervision and regulationof the transportation of persons, and property for compensa-tion over any public highway by motor propelled vehicle:Defining transportation companies and providing for addi-tional supervision and regulation thereof by the public serv-ice commission, providing for the enforcement of the pro-visions of this act and for the punishment of the violationsthereof.


SECTION 1. (a) The term "Corporation" whenDefinitions. used in this act means a corporation, company, asso-

ciation, or joint stock association.(b) The term "person" when used in this act

means an individual, a firm or a co-partnership.(c) The term "Commission" when used in this

act means the Public Service Commission of theState of Washington,. or the Director of PublicWorks or such other board or body as may succeedto the powers and duties now held by the Public Serv-ice Commission.

(d) The term "Auto transportation company"when used in this act means every corporation orperson, their lessees, trustees, receivers or trustees

338 SESSION LAWS, 1921. [Ch. 111.

SESSION LAWS, 1921.

appointed by any court whatsoever, owning, control-ling, operating or managing any motor propelled ve-hicle not usually operated on or over rails used inthe business of transporting persons, and, or, prop-erty for compensation over any public highway inthis state between fixed termini or over a regularroute, and not operating exclusively within the in-corporated limits of any city or town: Provided,That the term "auto transportation company," asused in this act, shall not include corporations or per-sons, their lessees, trustees, receivers or trustees ap-pointed by any court whatsoever, insofar as theyown, control, operate or manage taxicabs, hotelbusses, school busses, motor propelled vehicles, oper-ated exclusively in transporting agricultural, horti-cultural, or dairy or other farm products from thepoint of production to the market, or any other car-rier which does not come within the term "autotransportation company" as herein defined.

(e) The term "Public highway" when used inthis act means every street, road, or highway in thisstate.

(f) The words "between fixed termini or over aregular route," when used in this act, mean the term-ini or route between or over which any auto trans-portation company usually or ordinarily operatesany motor propelled vehicle, even though there maybe departures from said termini or route, whethersuch departures be periodic or irregular. Whetheror not any motor propelled vehicle is operated by anyauto transportation company "between fixed terminior over a regular route" within the meaning of thisact shall be a question of fact and the finding of the"Commission" thereon shall be final and shall not besubject to review.

SEc. 2. No corporation or person, their lessees, campiiance

trustees, receivers or trustees appointed by any court necessary.

whatsoever, shall operate any motor propelled vehi-

Ch. 111.] 389

cle for the transportation of persons, and, or, prop-erty, for compensation on any public highway in thisstate, except in accordance with the provisions of thisact.

SEC. 3. The "Commission" of the State of Wash-"Commis- ington is hereby vested with power and authority,sion" to reg- adatoiyant and it is hereby made its duty to supervise and regu-

tion. late every auto transportation company in this stateas such to fix, alter and amend just, fair, reasonableand sufficient rates, fares, charges, classifications,rules and regulations of each such auto transporta-tion company; to regulate the accounts, service andsafety of operations of each such auto transporta-tion company; to require the filing of annual andother reports and of other data by such auto trans-portation companies; and to supervise and regulateauto transportation companies in all other mattersaffecting the relationship between such auto trans-portation companies and the traveling and shippingpublic. The Commission shall have power andauthority, by general order or otherwise, to prescriberules and regulations in conformity with this act,applicable to any and all such auto transportationcompanies; and within such limits shall have powerand authority to make orders and to prescribe rulesand regulations affecting auto transportation com-pames.

The Commission may, at any time, by its orderduly entered after a hearing had upon notice to theholder of any certificate hereunder, and an oppor-tunity to such holder to be heard, at which it shallbe proven that such holder willfully violates or re-fuses to observe any of its proper orders, rules orregulations, suspend, revoke, alter or amend anycertificate issued under the provisions. of this sec-tion, but the holder of such certificate shall have allthe rights of re-hearing, review and appeal as to such

340 SESSION LAWS, 1921. [Ch. 111.

order of the Commission as is provided for in Sec-tion 6 of this act.

SEC. 4. No auto transportation company shall Certificate

hereafter operate for the transportation of persons public conve-

and, or, property for compensation between fixed necessity.

termini or over a regular route in this state, withoutfirst having obtained from the Commission under theprovisions of this act a certificate declaring that pub-lic convenience and necessity require such operation;but a certificate shall be granted when it appears tothe satisfaction of the commission that such person,firm or corporation was actually operating in goodfaith, over the route for which such certificate shallbe sought on January 15th, 1921. Any right, privil-ege, certificate held, owned or obtained by an autotransportation company may be sold, assigned,leased, transferred or inherited as other property,only upon authorization by the Commission. TheCommission shall have power, after hearing, whenthe applicant requests a certificate to operate in aterritory already served by a certificate holder underthis act, only when the existing auto transportationcompany or companies serving such territory willnot provide the same to the satisfaction of the Com-mission, and in all other cases with or without hear-ing, to issue said certificate as prayed for; or forgood cause shown to refuse to issue same, or to issueit for the partial exercise only of said privilegesought, and may attach to the exercise of the rightsgranted by said certificate to such terms and con-ditions as, in its judgment, the public convenienceand necessity may require.

SEC. 5. The Commission shall in the granting of liability and

certificates to operate any auto transportation com- dama in-

pany, for transporting persons, and, or, property,for compensation require the owner or operator tofirst procure liability and property damage insur-ance from a company licensed to make liability in-

Ch. 111.] SESSION LAWS, 1921. 341

surance in the State of Washington or a surety bondof a company licensed to write surety bonds in theState of Washington on each motor propelled vehi-cle used or to be used in transporting persons, and,or property, for compensatioh, in the amount of notto exceed $5,000.00 for any recovery for personalinjury by one person and not less than $10,000.00and in such additional amount as the Commissionshall determine, for all persons receiving personal in-jury by reason of one act .of negligence and not toexceed $1,000.00 for damage to property of any per-son other than the assured, and maintain such lia-bility and property damage insurance or surety bondin force on each motor propelled vehicle while soused, each policy for liability or property damageinsurance or surety bond required herein, shall befiled with the Commission and kept in full force andeffect and failure so to do shall be cause for the revo-cation of the certificate.

SEC. 6. In all respects in which the CommissionApplications, has power and authority under this act, applicationscomplaints,

eains, - and complaints may be made and filed with it, processissued, hearings held, opinions, orders and decisionsmade and filed, petitions for rehearing filed andacted upon, and petitions for writs of review, to thesuperior court filed therewith, appeals or mandatefiled with the supreme court of this state, consideredand disposed of by said courts in the manner, underthe conditions and subject to the limitations and withthe effect specified in the Public Service Commissionlaw of this state.

SEc. 7. Every officer, agent or employee of anyPenalty for corporation, and every other person who violates orviolaton. fails to comply with, or who procures, aids or abets

in the violation of any provisions of this act, or whofails to obey, observe or comply with any order, de-cision, rule or regulation, director, demand or re-


SESSION LAWS, 1921.

quirement, or any part of provision thereof, is guiltyof a gross misdemeanor and punishable as such.

SEc. 8. Neither this act nor any provision thereof scope of act.

shall apply or be construed to apply to commercewith foreign nations or commerce among the severalstates of this Union except in so far as the same maybe permitted under the provisions of the Constitu-tion of the United States and the Acts of Congress.

SEc. 9. Every auto transportation company now Fee required.

operating or which shall hereafter operate in thisstate shall at the time of the issuance of such certifi-cate, and annually thereafter on or between April1st and April 15th of each calendar year, pay a mini-mum fee of $10.00 for each motor propelled vehicleused by such company for the transportation of per-sons and if the passenger seating capacity of suchvehicle exceeds eight passengers a further fee com-puted on the basis of fifty cents per passenger forsuch additional seating capacity shall be paid. Foreach motor propelled vehicle used by any such com-pany for transporting property for hire every suchcompany shall pay a minimum fee of $10.00 at thetime and in the manner aforesaid, and if the ratedcapacity of any such vehicle exceeds three tons, anadditional fee computed on the basis of $1.00 for eachadditional rated ton capacity shall be paid.

For each motor propelled vehicle used by anysuch company for transporting both persons andproperty simultaneously, the fee shall be computedon the basis of either tonnage or passenger capacity,and the basis which will yield the greater revenueshall apply.

If the certificate herein referred to is issued afterthe month of April of any year, the fees paid shallbe proportionate to the remaining portion of the yearending March 31st, but in no case less than one-fourth the annual fee.

Ch. 111.] 343

In case of emergency, or unusual temporary de-mands for transportation, the fees for additionalmotor propelled vehicles for limited periods shall befixed by the Commission in such reasonable amountsas may be prescribed by general rule or temporaryorder.

All sums collected hereunder shall be turned overby the Commission to the state treasurer withinthirty days after their receipt and by him creditedto the public service revolving fund.

SEc. 10. If any section, sub-section, sentence,Partial inclause or phrase of this act is for any reason heldvalidity.

to be unconstitutional such decision shall not affectthe validity of the remaining portion of this act.

SEc. 11. This act shall not repeal any of theEffect of act. existing law or laws, relating to motor propelled

vehicles, their owners or operators, or requiring com-pliance with any condition for their operation.


CHAPTER 112.

[H. B. 260.1

AMENDMENTS TO INSURANCE CODE.

AN ACT relating to insurance and amending title XLV of Rem-ington and Ballinger's Annotated Codes and Statutes of Wash-ington by adding thereto new sections to be known as sec-tions 6059-23, 6059-23A, 6059-23B, 6059-23C, 6059-23D, 6059-23E,6059-23F, 6059-23G, 6059-23H, 6059-231, 6059-23J, 6059-23K,6059-23L, 6059-23M, and 6059-23N.


SECTION 1. That title XLV of Remington & Bal-linger's Code be amended by adding thereto a new

344 SESSION LAWS, 1921. [Ch. 112.

SESSION LAWS, 1921.

section to be designated as section 6059-23, to readas follows:

Section 6059-23. The capital stock of every do- Authorizedinvestments

mestic insurance company required to have a capital of minimum

to the extent of the minimum capital required bylaw, except as specially authorized or limited by thisact, shall be invested and kept invested as follows:

(a) In the legally issued bonds, warrants, andsecurities of the United States, or the District ofColumbia, or of any state of the United States, notestimated above their current market value; or,

(b) In the legally issued bonds, warrants, andsecurities of any county, incorporated city, or incor-porated school district in this state, which has notdefaulted in the payment of interest on any of itsbondsj warrants, or securities within three years, andwhich shall not be estimated above their par value,or their current market value; or,

(c) In the legally issued notes and bondssecured by mortgages or deeds of trust which shallbe first liens on unincumbered real property in thisstate worth fifty per centum more than the amountloaned thereon, except that assessments and taxesnot delinquent, party wall agreements, reservationsof minerals, oils, and timber, easements and rightsof way for sewer, telephone, telegraph, electric lightand power lines, drains, ditches, railroads, etc.; build-ing restrictions common to the community in whichthe property is located, liens for service and main-tenance of water rights where not delinquent, shallnot be regarded as incumbrances. However, if underany of such exceptions there is any sum owing butnot due or delinquent, the total amount of such sumshall be deducted from the amount which otherwisemight be loaned on the property, and the value of anytimber or right reserved shall not be included in theappraised value of the property. Where buildingsor other improvements constitute a material part of

Ch. 112.] 345

the value of the mortgaged premises, they shall bekept insured against loss or damage by fire in areasonable amount for the benefit of the mortgagee;or,

(d) In any security or securities or class ofsecurity or securities when approved by the insur-ance commissioner.

SEC. 2. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23A, to read as follows:

Section 6059-23A. The capital of every foreignInvestments or alien insurance company to the extent of the mini-of foreign oralien com- mum capital required of a like domestic corporationshall be invested and kept invested in the same class

of securities specified for domestic insurance cor-porations, except that like securities of the. homestate, or country, of such company may be recognizedas legal investments for the amount of the minimumcapital required.

SEc. 3. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23B, to read as follows:

Section 6059-23B. The residue of the capital andAuthorized the surplus money and funds of every domestic in-Investmentof residue of surance company over and above the amount of thecapital andsurplus. minimum capital required by law shall be invested

in or loaned on the pledge of any of the securitiesapproved for investment of minimum capital, in firstliens on real property as provided for in subdivision" (c) " of the provisions for investments of minimumcapital stock, except only that the real property maybe located in any state of the United States; andwhen authorized and directed by a majority vote ofall the directors or trustees of the company, or bya majority of a board or committee authorized bythe charter or by-laws of the company, or by a ma-jority of a committee duly appointed and authorizedby the directors or trustees of the company for the

346 SESSION LAWS, 192L [Ch. 112.

purpose of making investments may be investedin or loaned upon;

(a) The legally issued bonds or warrants of,or local improvements bonds in any solvent municipalcorporation, or in the legally issued bonds or securi-ties of any solvent corporation incorporated underthe laws of the United States or of any state thereof ;

(b) The legally issued bonds of any solvent irri-gation district created as by law provided in thisstate or in any other state of the United States,whose water rights shall have been legally acquiredand finally determined and shall be fully adequateto supply sufficient water to properly irrigate alllands within such district, and whose storage reser-voirs, canals, ditches, flumes, feeders, machinery,equipment, and other works and improvements shallhave been acquired, owned, and constructed and beunincumbered except as to such bond issue, and shallbe reasonably adequate to fully supply and properlyserve such district, and shall have been so far con-structed and completed as to be in regular operationand use and adequately irrigating not less than *

thirty (30) percentum of the lands within such irri-gation district.

SEc. 4. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23C, to read as follows:

Section 6059-23C. The capital or funds of a do- ny lnt

mestic insurance company shall not, except with the stomaof the

approval of the insurance commissioner, be invested he In like

in or loaned upon its own stock or the stock of any business.

other insurance company carrying on the same kindof insurance business except any such companyorganized under the provisions of section 6059-84of Remington and Ballinger's Code as amended bychapter 47, Laws of 1919, for the purpose of engag-ing principally as a fidelity and surety company,may, with the consent of the insurance commissioner,

347Ch. 112.] SESSION LAWS, 1921.

invest such funds in or loan such funds on the stockof any other corporation carrying on the same kindof business outside of but not within the UnitedStates: Provided, however, That the commissionerin determining the condition of any such corporationso loaning or investing such funds shall not allowas an asset the amount of funds so loaned or in-vested.

SEC. 5. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23D to read as follows:

Section 6059-23D. Every domestic companybnetme ns organized to make insurance against loss and dam-surance com-pany, age by reason of defective titles to property or in-

cumbrance thereon, shall invest all its capital andfunds required for its deposit and reserve in thesame kind of security as the capital stock of a do-mestic insurance company is required by this sectionto be invested; and the remainder of its capital andfunds may be invested in: (a) plant and equipment;(b) stock and bonds of abstract companies when ap-proved by the insurance commissioner; (c) in thesame kind of securities as the capital and funds ofdomestic insurance companies are permitted to beinvested.

SEC. 6. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to bedesignated as section 6059-23E, to read as follows:

Section 6059-23E. . Every domestic company do-Investments ing business in other states of the United Statesby domesticcompaiy do- or in foreign countries, may invest the funds re-igbsnessoutside state. quired to meet its obligations, incurred in such

other state or foreign country, and in conformity tothe laws thereof, in the same kind of securities ofsuch other state or foreign country that such com-pany is by law allowed to invest in, in this state.

348 SESSION LAWS, 1921. [Ch. 112.

SESSION LAWS, 1921.

SEC. 7. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23F to read as follows:

Section 6059-23F. Any life insurance company Loan uponpledge of

may lend a sum not exceeding the legal reserve which Policy..it owes, upon any policy upon the pledge to it ofsaid policy and its accumulations as collateral secur-ity, but nothing in this section shall be held to author-ize one insurance company to obtain by purchase orotherwise, the control of any other insurance com-pany: Provided, That a domestic insurance companymay, with the approval of the insurance commis-sioner dispose of its own or acquire all or part of thebusiness, assets, investments, property, or capitalstock of another insurance company for the purposeof amalgamation, merger or consolidation.

SEC. 8. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23G, to read as follows:

Section 6059-23G. A domestic insurance com- Investment

pany may invest in such real property as shall be erty for

requisite for its home office, in the transaction of itsbusiness and may rent space therein not immediatelyrequired for its own use: Provided, That no such in-vestment shall be made that will reduce the amountof the surplus assets, exclusive of such investment,to less than fifty per centum of the minimum capitalrequired by law, of such company: Provided, further,That no such investment shall be made by a domesticmutual insurance company that will reduce theamount of the surplus assets, exclusive of such in-vestment, of such company to less than fifty thou-sand dollars.

SEC. 9. That title XLY of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23H, to read as follows- Limitations

Section 6059-23H. Except upon the approval of omentsof do-

the insurance commissioner, no domestic insurance "manl com-

Ch. 112.] 349

company shall make any investments or loan of itscapital, surplus, or reserve to any one person, firmor corporation in excess of ten per centum of theamount of its paid-up capital and surplus, and noloan shall be made for a longer period than one year,which, upon proper showing and security, may beextended not to exceed one year, except that loanson its own policies and loans on improved unincum-bered real property may be made for any term.

SEc. 10. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-231, to read as follows:

Section 6059-23L All investments and loans of

etuief the capital and funds of any domestic insurancefeitin- company, except the amount invested in real estate

for its home office, as specially provided for, shall bemade and kept invested in and loaned on interest ordividend-bearing securities, whereon default forinterest has not been made during three years nextprior to the making of such loan, and the regularannual dividends, in the case of investments instocks, shall have been actually earned and paid outof the net profits of not less than four per centum ofthe par value of such stock during each of the threeyears ifext preceding the time of such investment.

SEc. 11. That title XLY of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23J, to read as follows:

Section 6059-23J. With each investment or loanReport on made of the capital or funds of any domestic in-each invest-ment or loan. surance company shall be made and signed a written

report by the officer, director, trustee, or actingchairman of the committee of directors or trusteesmaking or authorizing such investment or loan onthe part of such company, stating the amount soinvested or loaned, a brief description of the securi-ties or property in which such investment or loan

350 SESSION LAWS, 1921. [Ch. 112.

SESSION LAWS, 1921.

is made, the reasonable cash market value thereof,and in case of a loan, the rate of interest, and amountof insurance carried to protect the mortgagee,and in case of an investment, the rate of interestor annual dividend earned, and paid during the fiveyears next preceding, the name of the attorney whopasses upon such transaction and the substance ofhis report, or if evidenced by title insurance policy,then the name of the insuring company and the sub-stance of the policy; the amount of the expenses andcommission, if any, on such investment or loan, bywhom paid and to whom paid; and if any officer, di-rector, or trustee of such insurance company hasany direct, indirect, or contingent interest in thesecurities in which such investment, or on whichsuch loan is made, or in the assets of the business,person, copartnership, or corporation in whose be-half such loan or investment is made, the name ofthe officer, director, or trustee, and the character andextent of such interest; which report shall be enteredor bound in an appropriate record book which shallbe at all times open to the inspection of the commis-sioner or his deputy, and any stockholder of suchcompany.

SEC. 12. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23K, to read as follows:

Section 6059-23K. All investments, loans and InvestmentsIn name of

deposits of' the funds and securities of every do- company.

mestic insurance company, and all purchases on be-half of every domestic insurance company, and allsales made of the property and effects of such com- Benefits to

members, etc.pany, shall be made in its corporate name, and noofficer, director, or trustee thereof, and no agent,attorney, or member of a committee having anyauthority in the investment or disposition of itsfunds, shall accept, except for the company, or bethe beneficiary of, either directly or indirectly or

Ch. 112.1 351

remotely, any fee, brokerage, commission, gift, orother consideration for or on account of any loan,deposit purchase, sale, payment, or exchange madeby or on behalf of such company, or be pecuniarilyinterested in any such purchase, sale, loan, or invest-ment, either as borrower, principal, co-principal,agent, attorney, or beneficiary, except that he mayprocure a loan from such company direct upon ap-proval by two-thirds of the directors and upon de-posit of securities provided for in this act.

SEC. 13. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated-as section 6059-23L, to read as follows:

Section 6059-23L. No investment, sale, or loanAuthoriza- of any domestic insurance company, except loans ontion for in-vestments, its own policies, shall be made which has not firstsales andloans by been authorized by the board of directors, or by adirectors.

committee thereof charged with the duty of invest-ing or loaning the funds of the company, nor shallany deposit be made in a bank or banking institution,unless such bank has first been approved as a bankof deposit by the board of directors or said commit-tee thereof, and a record of said action made.

SEC. 14. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23M, to read as follows:

Section 6059-23M. All bonds or other evidenceValue of of debt having a fixed term and rate held by any in-bonds, etc.,held by com- surance company authorized to do business in thispany.

state may, if amply secured and not in default as toprincipal and interest, be valued as follows: If pur-chased at par, at the par value; if purchased aboveor below par, on the basis of the purchase price ad-justed so as to bring the value to par at maturityand so as to yield in the meantime the effective rateof interest at which the purchase was made: Pro-vided, That the purchase price shall in no case betaken at a higher figure than the actual market value

352 SESSION LAWS, 1921. [Ch. 112.

SESSION LAWS, 1921.

at the time of purchase: And provided, further, Thatthe insurance commissioner shall have full discretionin determining the method of calculating values ac-cording to the foregoing rule.

SEc. 15. That title XLV of Rem. & Bal. Code beamended by adding thereto a new section to be desig-nated as section 6059-23N, to read as follows:

Section 6059-23N. Every domestic insurance Time for dis-posal of

company shall have the right to acquire title to any property ac-quired in

property under the condition of any mortgage owned cou -eof

by it, or by purchase, or set-off on execution uponjudgment for debts due it previously contracted inthe course of its business, or by any process insettlement for debts; if such company acquired titleto or lien upon any property or securities whichit may not otherwise invest in, or loan its fundsupon, such company shall dispose of all such per-sonal property within one year, and real propertywithin three years from the time of acquiring same,and the commissioner, upon proper showing andapplication, may extend such period a reasonabletime: Provided, however, That any such companywhich has acquired real property in any mannerwhich it is unable to sell advantageously may, withthe consent of the insurance commissioner, exchangesuch property for other real or personal property.Any property acquired as a result of such exchangemay be held for the length of time permitted by theinsurance code, sold for cash, or in turn exchangedfor other property, with the consent of the insurancecommissioner.

Passed the House, March 1, 1921.Passed the Senate, March 7, 1921.Approved by the Governor March 17, 1921.-12

Ch. 112.] 353

354. SESSION LAWS, 1921. [Ch. 113.

CHAPTER 113.[S. B. 239.]

PUBLIC SERVICE.

AN ACT requiring the payment of certain fees by individuals,firms, companies and corporations furnishing public serv-ice, and providing penalties for violation.


SECTION 1. That hereafter every person, firm,Payment of company and corporation making and filing with thefee. director of public works the annual statement re-

quired by section 78 of chapter 117 of the Laws of1911, shall, at the time of filing such statement, payto the director of public works, a fee, based on, thegross operating revenues as follows:When the annual gross operating revenue of the public

utility is $5,000 and less than $10,000................ $10 00When the annual gross operating revenue of the public

utility is $10,000 and less than $25,000................ 20 00When the annual gross operating revenue of the public

utility is $25,000 and less than $50,000............... 30 00When the annual gross operating revenue of the public

utility is $50,000 and less than $100,000.............. 40 00When the annual gross operating revenue of the public

utility is $100,000 and less than $250,000 ............. 50 00When the annual gross operating revenue of the public

utility is $250,000 and less than $500,000 ............. 100 00When the annual gross operating revenue of the public

utility is $1,000,000 and less than $2,000,000 .......... 200 00When the annual gross operating revenue of the public

utility is $2,000,000 ............................. 200 00When the annual gross operating revenue of the public

utility is $2,000,000 and less than $3,000,000........... 300 00When the annual gross operating revenue of the public

utility is $3,000,000 and less than $4,000,000 ............ 400 00When the annual gross operating revenue of the public

utility is $4,000,000 and less than $5,000,000 .......... 500 00When the annual gross operating revenue of the public

utility is $5,000,000 or over......................... 600 00

Dis osition SEC. 2. All sums collected by the director of pub-lic works under the provisions of this act shall with-

Ch. 114.] SESSION LAWS, 1921. 355

in thirty days after their receipt be paid to the statetreasurer, and by him deposited in a fund to beknown as the public service revolving fund.

SEc. 3. Every person, firm, company or corpora- Penalty forfailure to

tion, or the officers and agents thereof, failing or pay fees.

neglecting to pay the fees herein required shall beguilty of a misdemeanor, and in addition theretoshall be subject to a penalty of $25.00 for each andevery day that the fee remains unpaid after it be-comes due, said penalty to be collected by the di-rector of public works in a civil action. All finesand penalties collected under the provisions of thisact shall be deposited into the public service revolv-ing fund of the state treasury.

SEc. 4. The public service commission of Wash- Powers andduties con-

ington shall exercise all the powers and perform all ferred.

the duties by this act vested in, and required to beperformed by, the director of public works, untilsuch time as said officer shall be appointed, qualified,assume and exercise the duties of his office.


CHAPTER 114.[S. B. 242.]

EXERCISE OF POWERS AND DUTIES UNDERADMINISTRATIVE CODE.

AN AcT relating to the exercise of powers and the performanceof duties vested in or imposed upon certain officers, boards,commissions, bureaus, or departments of the state govern-ment, subsequent to February 9, 1921.


SECTION 1. The exercise of all powers and the dutesoand

performance of all duties which have been, subse- aois, e.

quent to February 9, 1921, vested in or imposed uponany of the officers, boards, commissions, bureaus, ordepartments of the state government, enumeratedin section 135, chapter 7, Laws of 1921, are, at suchtime or times subsequent to March 31, 1921, as theact or acts so empowering or imposing, might other-wise become effective, hereby conferred and imposedupon the officers, committees, boards, or departmentsof the state government, created by chapter 7, Lawsof 1921, which shall have been, by chapter 7, Lawsof 1921, authorized to exercise the powers and per-form the duties of the respective officers, boards,commissions, bureaus, and departments of the stategovernment, abolished by chapter 7, Laws of 1921.

SEc. 2. Whenever, subsequent to February 9,Powers and 1921, powers and duties have been vested in or im-duties ofofes cre- posed upon any officer, board, commission, bureau,

or department of the state government other thanthose specified in section 135 of chapter 7, Laws of1921, which relate to the performance of the govern-mental functions which have been transferred tosome other officer, committee, board or departmentof the state government by said chapter 7, suchpowers and duties shall, from and'after the first dayof April, 1921, be exercised and performed by theofficers, committees, boards, or departments of thestate government created by said chapter 7 and towhom such functions have been transferred.

SEc. 3. This act is necessary for the immediateEmergency. preservation of the public peace, health and safety,



356 SESSION LAWS, 1921. [Ch. 114.


CHAPTER 115[IH. B. 255.1

ASSOCIATIONS FOR MARKETING AGRICULTURALPRODUCTS.

AN ACT to promote the marketing of agricultural products throughcooperation; and the distribution thereof from the producerto the consumer; prescribing the duties of the director ofagriculture and the director of taxation and examination inrelation thereto; and providing penalties for the violationthereof.


SECTION 1 (a) The term "agricultural prod- Terms

ucts" whenever used in this act shall include horti-cultural, viticultural, forestry, dairy, livestock,poultry, bee and farm products.

(b) The term "members" wherever used in thisact shall include actual members of associationswithout capital stock and holders of common stock inassociations organized with capital stock.

(c) The term "association" wherever used inthis act means any corporation organized underthis act.

(d) The term "person" wherever used in thisact shall include individuals, firms, partnerships,corporations and associations.

Associations organized hereunder shall bedeemed non-profit, inasmuch as they are not or-ganized to make profits for themselves as such, orfor their members as such, but only for their mem-bers as producers.

This act shall be referred to as the " Co-operativeMarketing Act."

SEC. 2. Five (5) or more persons engaged in the co-operative. associations.

production of agricultural products may form a non-profit, co-operative association, with or withoutcapital stock, under the provisions of this act.

Ch. 115.1

SEC. 3 An association may be organized to en-Purpose oforganization, gage in any activity in connection with the marketing

or selling of the agricultural products of its mem-bers, or with the harvesting, preserving, drying,processing, canning, packing, storing, handling,shipping, or utilization thereof, or the manufactur-ing or marketing of the by-products thereof; or inconnection with the manufacturing, selling or sup-plying to its members of machinery, equipment orsupplies, or in the financing of the above enumeratedactivities; or in any one or more of the activitiesspecified herein.

SEC. 4. Every group of persons contemplatingDirector ofagriculture the organization of an association or corporationto assist Inorganization. under this act shall communicate with the director

of agriculture, whose duty it will be to advise withand assist them regarding the.manner of organiza-tion and the preparation of the marketing contractbetween the corporation formed or to be formed andthe members thereof: Provided, That such corpora-tion shall not commence business or solicit mem-bers thereof until the form of said marketingcontract shall have been approved by the directorof agriculture.

SEC. 5. Each association incorporated underowers of this act shall have the following powers:association.

(a) To engage in 'any activity in connectionwith the marketing, selling, harvesting, preserving,drying, processing, canning, packing, storing, han-dling or utilization of any agricultural productsproduced or delivered to it by its members; or themanufacturing or marketing of the by-productsthereof; or in connection with the purchase, hiring,or use by its members of supplies, machinery, orequipment, or in the financing of any such activities;or in any one or more of the activities specified inthis section. No association, however, shall handlethe agricultural products of any non-member.

358 SESSION LAWS, 1921. [Ch. 115.

SESSION LAWS, 1921.

(b) To borrow money and to make advancesto members.

(c) To act as the agent or representative ofany member or members in any of the above men-tioned activities.

(d) To purchase or otherwise acquire, and tohold, own, and exercise all rights of ownership in,and to sell, transfer, or pledge shares of the capitalstock or bonds of any corporation or associationengaged in any related activity or in the handlingor marketing of any of the products handled bythe association.

(e) To establish reserves and to invest thefunds thereof in bonds or such other property asmay be provided in the by-laws.

(f) To buy, hold and exercise all privileges ofownership, over such real or personal property asmay be necessary or convenient for the conductingand operation of any of the business of the asso-ciation or incidental thereto.

(g) To do each and everything necessary suit-able or proper for the accomplishment of any oneof the purposes or the attainment of any one ormore of the objects herein enumerated; or con-ductive to or expedient for the interest or benefitof the associations; and to contract accordingly;and in addition to exercise and possess all powers,rights and privileges necessary or incidental to thepurposes for which the association is organized orto the activities in which it is engaged; and in addi-tion any other rights, powers and privileges grantedby the laws of this state to ordinary corporations,except such as are inconsistent with the expressprovisions of this act; and to do any such thinganywhere.

SEC. 6. (a) Under the terms and conditions Membershipand stock of

prescribed in its by-laws, any association may ad- associatnon.

mit as members, or issue common stock only to

Ch. 115.] 359

SESSION LAWS, 1921.

persons engaged in the production of the agricul-tural products to be handled by or through the as-sociation, including the lessees and tenants of landused for the production of such products and anylessors and landlords who receive as rent part ofthe crop raised on the leased premises.

(b) If a member of a non-stock association beother than a natural person, sich member may berepresented by any individual associate, officer ormember thereof, duly authorized in writing.

(c) Any association organized hereunder maybecome a member or- stockholder of any other asso-ciation or associations organized hereunder.

SEC. 7. Each association formed under this actArticles of must prepare and file articles of incorporation,incorpora-tion. setting forth:

(a) The name of the association.(b) The purpose for which it is formed.(c) The place where its principal business will

be transacted.(d) The term for which it is to exist, not ex-

ceeding fifty (50) years.(e) The number of directors thereof, which

must not be less than five (5) and may be anynumber in excess thereof, and the term of officeof such directors, which term shall not exceedtwo years.

(f) If organized without capital stock, whetherthe property rights and interest of each membershall be equal or unequal; and if unequal, the articlesshall set forth the general rule or rules applicable

to all members by which the property rights andinterests, respectively, of each member. may andshall be determined and fixed; and- the associationshall have the power to admit new members whoshall be entitled to share in the property of theassociation with the old members, in accordance withsuch general rule or rules. This provision of the

360 [Ch. 115.

SESSION LAWS, 1921.

articles of incorporation shall not be altered,amended, or repealed except by the written consentor the vote of two-thirds of the members.

(g) If organized with capital stock, the amountof such stock and the number of shares into whichit is divided and the par value thereof. The capitalstock may be divided into preferred and commonstock. If so divided, the articles of incorporationmust contain a statement of the number of sharesof stock to which preference is granted and thenumber of shares of stock to which no preferenceis granted and the nature and extent of the prefer-ence and privileges granted to each.

(h) The articles must be subscribed by the in-corporators and acknowledged by three or more ofsuch incorporators before an officer authorized bythe law of this state to take and certify acknowl-edgements of deeds and conveyances; and shall befiled in accordance with the provisions of the gen-eral corporation law of this state; and when so filedthe said articles of incorporation, or certified copiesthereof, shall be received in all the courts of thisstate and other places, as prima facie evidence ofthe facts contained therein and of the due incor-poration of such association.

SEC. 8. The articles of incorporation may be Amendment s

y of articlesaltered or amended at any regular meeting or at of.incorpora-

any special meeting called for that purpose. Anamendment must first be approved by a majorityof the directors and then adopted by a vote repre-senting a majority of all the members of the asso-ciation. Amendments to the articles of incorpora-tion when so adopted shall be filed in accordancewith the provisions of the general corporation lawof this state.

SEC. 9. Each association incorporated under By-laws.

this act must, within thirty (30) days after its in-

Ch. 115.] 361

corporation, adopt, for its government and manage-ment a code of by-laws not inconsistent with thepowers granted by this act. A majority vote ofthe members or stockholders, or their written as-sent, is necessary to adopt, alter or amend suchby-laws.

SEC. 10. In its by-laws each association shallMeetings. provide for one or more regular meetings annually.

The board of directors shall have the right to calla special meeting at any time, and ten per cent ofthe members or stockholders may. file a petitionstating the specific business to be brought beforethe association and demand a special meeting at anytime. Such meeting must thereupon be called by thedirectors. Notice of all meetings, together with astatement of the purposes thereof, shall be mailedto each member at least ten days prior to themeeting.

SEC. 11. The affairs of the association shall beBoard of managed by a board of not less than five directors,directors. fv

who shall be residents of the State of Washingtonand who shall be elected by the members or stock-holders from their own number. The by-laws mayprovide that the territory in which the associationhas members shall be divided into districts and thatthe directors shall be elected according to such dis-tricts. In such a case the by-laws shall specify thenumber of directors to be elected by each district,the manner and method of reapportioning the di-rectors and of redistricting the territory coveredby the association. The by-laws shall provide thatprimary elections shall be held in each district toselect the directors apportioned to such districtsand the result of all such primary elections must beratified by the next regular meeting of the associa-tion. The by-laws shall provide that one or moredirectors shall be appointed by the director of ag-

362 SESSION LAWS, 1921. [Ch. 115.

SESSION LAWS, 1921.

riculture. The director or directors so appointedneed not be members or stockholders of the asso-ciation, but shall have the same powers and rightsas other directors, and shall be regarded as repre-senting the interests of the public. An associationmay provide a fair remuneration for the time ac-tually spent by its officers and directors in its serv-ice. No director, during the term of his office, shallbe a party to a contract for profit with the associa-tion differing in any way from the business relationsaccorded regular members or holders of commonstock of the association, or to any other kind ofcontract differing from terms generally current inthat district. When a vacancy on the board of di-rectors occurs, other than by expiration of term,the remaining members of the board, by a majorityvote, shall fill the vacancy, unless the by-laws pro-vide for an election of directors by district. In sucha case the board of directors shall immediately calla special meeting of the members or stockholdersin that district to fill the vacancy.

SEc. 12. The directors shall elect from their officers.

number a president and one or more vice-presidents.They shall also elect a secretary and treasurer, whoneed not be directors, and they may combine thetwo latter offices and designate the combined officeas secretary-treasurer. The treasurer may be abank or any depository, and as such shall not beconsidered as an officer but as a function of theboard of directors. In such case the secretary shallperform the usual accounting duties of the treasurer,excepting that the funds shall be deposited only asauthorized by the board of directors.

SEc. 13. When a member of an association Membership,

established without capital stock has paid his mem- liability of.

bership fee in full, he shall receive a certificate ofmembership. No association shall issue stock to a Stock, issue,

member until it has been fully paid for. Except for transfer.

Ch. 115.] 363

debts lawfully contracted between him and the asso-ciation, no member shall be liable for the debts ofthe association to an amount exceeding the sum re-maining unpaid on his membership fee or his sub-scription to the capital stock, including any unpaidbalance on any promissory notes given in paymentthereof. No stockholder of a co-operative associa-tion shall own more than 1/10 of the issued commonstock of the association; and an association in itsby-laws may limit the amount of common stock whichone member may own to any amount less than one-tenth of the issued common.stock. Any associationorganized with stock under.this act may issue pre-ferred stock, with or without the right to vote. Nomember or stockholder shall be entitled to morethan one vote. Such stock may be redeemable or re-tirable by the association on such terms and condi-tions as may be provided for by the articles ofincorporation and printed on the face of the certifi-cate. The by-laws shall prohibit the transfer of thecommon stock of the association to persons not en-

* gaged in the production of the agricultural productshandled by the association, and such restrictionsmust be printed upon every Certificate of stocksubject thereto. The by-laws and the marketingagreement, of the association, may provide for theretiring of the common or preferred stock of theassociation.

SEC. 14. Any member may bring chargesCharges against an officer or director by filing them inagainstofficers. writing with the secretary of the association, to-

gether with a petition signed by ten per cent of themembers, requesting the removal of the officer ordirector in question. The removal shall be votedupon at the next regular or special meeting of theassociation and, by a vote of a majority of the mem-bers, the association may remove the officer ordirector and fill the vacancy. The director or of-

364 SESSION LAWS, J921. [Ch. 115.

SESSION LAWS, 1921.

ficer against whom such charges have been broughtshall be informed in writing of the charges previousto the meeting and shall have an opportunity at themeeting to be heard in person or by counsel and topresent witnesses; and the person or persons bring-ing the charges against him shall have the sameopportunity. In case the by-laws provide for elec-tion of directors by districts With primary electionsin each district, then the petition for removal of adirector must be signed by twenty per cent of themembers residing in the district from which he waselected. The board of directors must call a specialmeeting of the members residing in that district toconsider the removal of the director. By a voteof the majority of the members of that district, thedirector in question shall be removed from office.

SEc. 15. The association and its members may Marketingcontracts.

make and execute marketing contracts, requiring themembers to sell, for any period of time not over tenyears, all or any specified part of their agriculturalproducts or specified commodities exclusively to orthrough the association or any facilities to be cre-ated by the association. The contract may providethat the association may sell or re-sell the productsof its members, with or without taking title thereto;and pay over on a proportional basis or otherwiseto its members the re-sale price, after deducting allnecessary selling, overhead and other costs and ex-penses, including interest on preferred stock, notexceeding eight per cent per annum, and reservesfor retiring the stock, if any; and other proper re-serves; and interest not exceeding eight per cent perannum upon common stock: Provided, That theform of such contract shall be approved by the di-rector of agriculture, and shall state the maximumamount of any such reserves to be deducted fromthe sale price of the products of the members of

Ch. 115.1 365

such association: Provided further, That said con-tract shall contain a date upon which settlementwill be made between the association and each ofits members for the crop or product marketed bysaid association during the preceding marketingseasQn, which date shall not be later than July 1stfollowing the year in which any such crop or producthas been produced. The by-laws and the marketingcontract may fix as liquidated damages specificsums to be paid by the member or stockholder tothe association upon the breach by him of any pro-vision of the marketing contract regarding the saleor delivery or withholding of products; and mayfurther provide that the member will pay all costs,premiums for bonds, expenses and fees in case anyaction is legally maintained under the contract bythe association; and any such provisions shall bevalid and enforceable in the courts of this state.In the event of any such breach or threatened breachof such marketing contract by a member, the asso-ciation shall be entitled to an injunction to preventthe further breach of the contract, and to a decreeof specific performance thereof. Pending the ad-judication of such an action and upon filing a veri-fied complaint showing the breach or threatenedbreach, and upon filing a sufficient bond, the asso-ciation shall be entitled to a temporary restrainingorder and preliminary injunction against themember.

SEC. 16. Whenever an association organizedPayment in hereunder with preferred capital stock shall pur-stock.

chase the stock or any property or any interest inany property of any person, firm, or corporation,or association, it may discharge the obligations soincurred, wholly or in part, by exchanging for theacquired interest, shares 'of its-preferred stock toan amount which at par value would equal a fairmarket value of the stock or interest so purchased,

366 SESSION LAWS, 1921. [Ch. 115.

SESSION LAWS, 1921.

as determined by the board of directors. In thatcase the transfer to the association of the stock orinterest purchased shall be equivalent to paymentin cash for the shares of stock issued.

SEc. 17. Each association formed under this Annual

act shall prepare and file in the office of the directorof agriculture an annual report on forms furnished-by the director of agriculture, containing the nameof the association, its principal place of businessand a general statement of its business operationsduring the fiscal year, showing the amount of capi-tal stock paid up and the number of stockholdersof a stock association or the number of membersand amount of membership fees received, if a non-stock association; the total expenses of operations;the amount of indebtedness or liability, and its bal-ance sheets. An examination and audit of theaffairs of all associations incorporated under thisact and doing a gross business of at least two hun-dred thousand dollars ($200,000) per year, shall bemade annually by the department of taxation andexamination and at such other times as the directorof agriculture may require. The director of taxationand examination is hereby authorized, empoweredand directed to cause such examination and auditto be made. One copy of such audit shall be filedwith the director of agriculture, one shall be sent tothe secretary of the association, one to the presidentof the association, and another shall be kept in the.files of the office of the department. A charge ofnot more than ten dollars ($10) per day and ex-penses for each examiner shall be made to the asso-ciation to pay the actual expense of making suchaudit. Associations doing a gross business of lessthan two hundred thousand dollars ($200,000) an-nually shall provide in their .by-laws or otherwisefor the making and filing of annial audits of their

Ch. 115.] 367

* books; provided that upon demand of one tenth ofthe members of such association said audit shall bemade by the department of taxation and examina-tion in the manner provided herein for largerassociations.

SEC. 18. If the director of agriculture shall findViolations that any association is operating in violation of lawand in-solvency. or is. insolvent, and after ten days notice has failed

or refused to comply with the law, he may byproper proceeding in the superior court of the countywhere the principal place of business of said asso-ciation is located, cause a receiver for such associa-tion to be appointed, and the affairs of such associa-tion immediately liquidated under the direction ofsaid superior court.

SEC. 19. An association may organize, form,Membership operate, own, control, have an interest in, own stock,of associa-tion in of, or be a member of any other corporation or corpo-anothercorporation. rations, with or without capital stock, and engaged in

preserving, drying, processing, canning, packing,storing, handling, shipping, utilizing, manufactur-ing, marketing, or selling of the agricultural prod-ucts handled by the association, or the by-productsthereof. If such corporations are warehousing cor-porations, they may issue legal warehouse receiptsto the association or to any other person, and suchlegal warehouse receipts shall be considered as ade-quate collateral to the extent of the customary per-centage of the current value of the commodityrepresented thereby. In case such warehouse islicensed or licensed and bonded under the laws ofthis state or the United States, its warehouse re-ceipt shall not be challenged or discriminated againstbecause of ownership or control, wholly or in part,by the association.

contracts SEC. 20. Any association may, upon resolutionwith otherassociations. adopted by its board of directors, enter into all


necessary and proper contracts and agreements andmake all necessary and proper stipulations, agree-ments and contracts and arrangements with anyother co-operative corporation, association or asso-ciations, formed in this or in any other state, for theco-operative and more economical carrying on of itsbusiness, or any part or parts thereof. Any two ormore associations may, by agreement between them,unite in employing and using, or may separatelyemploy and use the same methods, means andagencies for carrying on and conducting their re-spective businesses. A duplicate copy of each ofthe contracts mentioned in this section shall be filedin the office of the director of agriculture imme-diately after the execution and delivery thereof.

SEc. 21. Any corporation or association organ- Associationsheretofore

ized under previously existing statutes, may by a organized

majority vote of its stockholders or members be under act.

brought under the provisions of this act by limitingits membership and adopting the other restrictionsas provided herein. It shall make out in duplicatea statement signed and sworn to by its directors, tothe effect that the corporation or association has,by a majority vote of its stockholders or members,decided to accept the benefits and be bound by theprovisions of this act. Amendments to articles ofincorporation shall be filed as required in sections4 and 7, except that they shall be signed by themembers of the board of directors. The filing feeshall be the same as for filing an amendment toarticles of incorporation: Provided, That any suchcorporation or association organized prior -to theapproval of this act shall be admitted to the benefitshereof, subject to all of the requirements of thisact except that the marketing contract between suchassociation and its members need not be approvedby the director of agriculture.

3(69Ch. 115.] SESSION LAWS, 1921.

SEC. 22. The members of any association may

Visolunta by two-thirds vote of all such members, at any regu-lar meeting or at a meeting regularly called for thatpurpose, vote to dissolve said association, andthereupon such proceedings shall be had for thedissolution of said association as is provided by lawfor the dissolution and disincorporation of corpora-tions organized under the general law.

SEC. 23. The provisions of the general corpo-erticor- ration laws of this state, and all powers and rights

liab thereunder, shall apply to the associations organizedhereunder, except where such provisions are in con-flict with or inconsistent with the express provisionsof this act.

SEc. 23-a. Other than the usual salary or di-Limitations rector's fees paid to any officer, director or em-on benefitsof members. ployee of any association organized, incorporated

or re-incorporated and transacting business underthis act, and other than a reasonable fee paid bysuch association to such officer, director or em-ployee for services rendered to such association, noofficer, director or employee shall be a beneficiaryof or receive, directly or indirectly, any fee, com-mission, or other consideration for or in connectionwith any transaction or business of such association:Provided, however, That nothing in this act con-tained shall be construed to prohibit a director,officer or employee who may also be a member ofsuch association from receiving all the ordinary andusual benefits which other members receive. Anyofficer, director or employee of any such associationwho violates any of the provisions of this sectionshall be guilty of a felony.

SEC. 24. Any person who shall knowingly sub-Penalty for scribe to, or make any false statement or entry infalse state-ments and the books of any association, or who shall knowinglyentries.

make any false statement in any report required to

370 SESSION LAWS, 1921. [Ch. 115.

SESSION LAWS, 1921.

be filed with the director of agriculture, or whoshall knowingly with intent to deceive, misrepresentthe affairs of the association to any person author-ized and directed by the department of taxationand examination to examine such associations, shallbe guilty of a felony.

SEC. 25. Every officer, director, employee or Penalty forremoval or

agent, of any association, who for the purpose of destructionof papers or

concealing any fact or suppressing any evidence records.

against himself or against any person, shall abstract,remove, mutilate, destroy, or secrete any paper,book, or record of any association, or of the depart-ment of agriculture, shall be guilty of a felony.

SEC. 26. The director of agriculture may main- Action forunpaid stock

tain an action in his own name for the use of any subscription.

association upon any unpaid contract of subscriptionto the capital stock of such association, or uponany promissory note given to such association inpayment thereof, or to cancel any stock issued by itin violation of law.

SEC. 27. It shall be the duty of the attorney Duties ofattorney

general to appear and act for the director of agri- general.

culture in all actions or proceedings involving anyquestion under this act.

SEc. 28. Every order, decision or other official act aes from

of the Director of Agriculture shall be subject to agrtuo

review, and any party aggrieved by such order,decision or act of the Director of Agriculture mayappeal therefrom to the superior court of thecounty of Thurston by serving upon the Directorof Agriculture a notice of such appeal, specifyingthe order, decision or act appealed from, and filingthe same with the clerk of the superior court ofthe county of Thurston within sixty days after thedate of such order, decision or official act. Where-upon the Director of Agriculture shall, within tendays after filing of such notice of appeal, make

Ch. 115.] 371

and certify a transcript of all the records and paperson file in his office affecting or relating to the order,decision or act appealed from, and upon the pay-ment of the fee therefor by the appellant, the Di-rector of Agriculture shall file the same in the officeof the clerk of said superior court. Upon the hearingof such appeal the burden of proof shall be uponthe appellant, and the court shall receive and con-sider any pertinent evidence, whether oral or docu-mentary, concerning the action of the Director ofAgriculture from which appeal is taken. Any partyto such appeal to the superior court who is ag-grieved by the judgment of said court rendered uponsuch appeal may prosecute an appeal to the supremecourt of the State of Washington. The generallaws relating to bills of exception, statements offact and appeals to the supreme court, shall applyto all appeals taken to the supreme court under thisact: Provided, That no supersedeas of the judg-ment of the superior court shall be allowed, exceptat the discretion of said superior court. If super-sedeas is allowed, it shall be upon such bond andwith such condition as the superior court may re-quire by its order.

SEC. 29. Each association organized hereunderAnnual shall pay an annual license fee of fiftcon dollarslicense fee.

($15), but shall be exempt from all franchise orlicense taxes.

SEc. 30. For filing articles of incorporation anFees for fl- association organized hereunder shall pay twenty-mng articlesof Incorpora- five dollars ($25), and for filing an amendment to thetion.

articles ten dollars ($10).SEC. 31. If any section of this act shall be de-

vait clared unconstitutional for any reason, the re-mainder of the act shall not be affected thereby.



SESSION LAWS, 1921.

CHAPTER 116.[S. 3. 74.]

NOMINATION AND ELECTION OF SUPERIOR COURTAND SUPREME COURT JUDGES.

AN ACT relating to the nomination and election of superior courtand supreme court judges, and amending section 4842 ofRemington & Ballinger's Annotated Codes and Statutes ofWashington.



Section 4842. When there are to be elected at afanner ofnominationany general election one or more judges of the su- and election.

preme court, the candidates for each respectiveoffice whose names are to be placed on the generalelection ticket shall be determined as follows: Thenumber of candidates equaling the number of ju-dicial positions to be filled who receive the highestnumber of votes at the primary election, and anequal number of candidates for such positions, pro-viding there are such candidates, who receive thenext highest number of votes, shall be the candidatesfor such respective offices and their names shallappear on the general election ballot under thedesignation of such respective offices: Provided,however, That where any candidate for any suchoffice shall receive a majority of all votes cast atsuch primary election for such office, the name ornames of such candidates receiving such majorityshall be printed separately on the general electionballot, under the designation "Vote for..........,"and the name or names of no opposing candidateor candidates shall be printed on such ballot inopposition to such candidate or candidates, butspaces equaling the number of such majority candi-

Ch. 116.1 373

[Ch. 116.SESSION LAWS, 1921.

dates shall be left following such name or names,in which the voter may insert the name of any per-son for whom he wishes to cast his ballot. Follow-ing the names of such majority candidates, underthe designation "Vote for.. . ..... "thenames of the minority candidates who have receivedthe highest number of votes at the primary electionequal to twice the number of the remaining placesto be filled shall be printed: Provided further, Thatthe secretary of state, in certifying to the severalcounty auditors of the state the names of candidatesfor judges of the supreme court shall specify thenames of those who have received a majority voteat such primary election, together with the namesof the minority candidates who are entitled to havetheir names placed upon the official ballot. For thepurpose of determining whether any candidate orcandidates shall have received a majority of thevotes cast under the provisions of this section thenumber of votes cast shall be determined by addingtogether the number of votes cast for each candi-date and dividing the sum of such votes by the num-ber of positions to be filled, and any candidate whoreceives a number of votes in excess of one-half ofthe votes cast as thus determined shall be deemed tohave received a majority of the votes cast. If itshall appear that a number of candidates in excessof the number of positions to be filled shall havereceived a majority of votes cast, then there shallbe printed upon the ballot only the. names of thecandidates who received the highest number of votesand equal to the number of places to be filled. Wherea vacancy or other cause shall necessitate the elec-tion of a judge of the supreme court for a shortterm, and at the same election one or more judgesare to be elected for the full term candidates mayannounce themselves for either the short or full

374

SESSION LAWS, 1921.

term, and the ballots shall be arranged accordingly.Where there are to be elected at any general elec-tion one or more judges of the superior court of anycounty or judicial district the candidates for eachrespective office whose names are to be placed on thegeneral election ticket shall be determined as fol-lows: Not less than ten days before the time forfiling declaration of 'candidacy, the secretary ofstate or the county auditor, as the case may be, shalldesignate by number each position to be filled uponthe superior court of the county or judicial district.Each candidate at the time of the filing of his decla-ration of candidacy shall designate by the numberso assigned, the position for which he is a candidateand the name of such candidate shall appear on theballot only for such position. The name of the per-son who received the greatest number of votes andof the person who received the next greatest num-ber of votes for each position, shall appear on thegeneral election ballot under the designation foreach such respective office: Provided, however, Thatwhere any candidate for such office shall receive amajority of all votes cast at such primary electionfor such office, the name of such candidate receivingsuch majority shall be printed separately pn thegeneral election ballot under the designation "Votefor One" and the name of no opposing candidateshall be printed on such ballot in opposition to suchcandidate, but one space shall be left following suchname in which the voter may insert the name of anyperson for whom he wishes to cast his ballot. Thenames of all such candidates for such judicial officesshall appear on the general election ballot under theheading "Judicial ticket." There shall be a separateballot for the candidates for nomination for suchjudicial offices, for use in the primary election, andsuch ballots shall be printed, delivered, voted and

Ch. 116.] 375

376 SESSION LAWS, 1921. [Ch. 116.

counted as hereinbefore provided for the generalprimary election ballot: Provided, That any votershall have the privilege of voting this ticket alone.The form of said ballot shall be substantially asfollows:

JUDICiAL ELECTION BALLOT

To vote for a person make a cross (X) in thesquare at the right of the name of the person forwhom you desire to vote.

Judges of Supreme Judges of SuperiorCourt. Court.

Vote for .......... ...... to be nominated.

1.VOTE FOR ONE.

2.VOTE FOR ONE.

3.VOTE FOR ONE.


SESSION LAWS, 1921.

CHAPTER 117.[S. B. 79.]

LIST OF PERSONAL PROPERTY TAX TO ATTACH TOPROCEEDS OF FIRE INSURANCE.

AN ACT relating to the taxation of personal property, providingthat the lien of such tax shall follow the proceeds of anyinsurance upon such property destroyed by fire, and amend-ing section 9223-1 of Remington & Ballinger's AnnotatedCodes and Statutes of Washington.



Section 9223-1. In -the event of the destruction Lien created.

of personal property by fire after the fifteenth dayof March of any year, the lien of the 'personal prop-erty tax shall attach to and follow any insurance thatmay be upon said property and the insurer shallpay to the county treasurer from the said insurancemoney all taxes, interest and costs that may be due,against the identical property so destroyed.


CHAPTER 118.[S. B. 61.]

* LEASING OF FIRST CLASS TIDE AND SHORE LANDSFOR BOOMING PURPOSES.

A, ACT providing for the leasing of unplatted tide or shore landsof the first class to the abutting upland owner, and for boom-ing purposes.

Be it. enacted by the Legislature of the State ofWashington:

SECTION 1. The Commissioner of Public Lands Authoriza-

is hereby authorized to lease to the abutting upland tion for.

377Chs. 117-118.1

owner any unplatted tide or shore lands within orin front of the limits of any incorporated city ortown, or within two miles thereof on either side:Provided, That any such unplatted tide or shorelands, for which no application to lease has beenfiled by the upland owner, may be leased to anyperson, firm or corporation for booming purposes:Provided, further, That no unplatted tide or shorelands situated in front of improved upland occupiedfor residential purposes shall be leased for boomingpurposes.

SEC. 2. Any lease under this act shall not beTerm and granted for a longer term than ten (10) years from

the date thereof and shall be subject to terminationupon a ninety (90) day notice in the event that theCommissioner 'of Public Lands shall decide that saidtide or shore lands are to be surveyed and platted.The Commissioner of Public Lands shall, prior tothe issuance of any such lease, fix an annual rentalfor the lands so leased and prescribe the terms andconditions of said lease. Failure to use any of suchlands leased for booming purposes under the pro-visions of this act, for boom purposes, for a periodof more than one (1) year shall work a forfeitureof such lease and such land shall revert to the statewithout any notice or declaration of forfeiture.


378 SESSION LA.WS, 1921. [Ch. 118.

SESSION LAWS, 1921.

CHAPTER 119.[S. B. 81.1

ATTORNEY GENERAL.

AN ACT relating to the powers and duties of the attorney general,and amending section 9035 of Remington & Ballinger's Anno-tated Codes and Statutes of Washington, (Sec. 6576 Pierce'sWashington Code).


SECTION 1. That section 6576, Pierce's Code, 9035of Rem. & Bal. Code, be amended to read as follows:

Section 6576. The attorney general shall execute Bond ofa bond to the State of Washington in the sum offive thousand dollars, with sureties to be approvedby the governor, conditioned for the faithful per-formance of his duties and the paying over of allmoneys as provided by law which bond shall beforthwith deposited with the secretary of state. Theattorney general shall have power to appoint neces-sary assistants who shall hold office at his pleasure Assistants.and who shall have the power to perform any actwhich the attorney general is authorized by law toperform.


Ch. 119.] 379

SESSION LAWS, 1921. [ 1

CHAPTER 120.[S. B. 78.]

REGULATING PRACTICE OF CHIROPODY.

AN ACT relating to the practice of chiropody, providing for thesuspension and renewal of certificates to practice chiropody,extending the right to practice to practitioners of other states,amending sections 1, 4, 6, 7, 9, 10, and 17 of chapter 38 of theLaws of 1917, and adding thereto new sections to be knownas sections 22, 23, and 24.



Section 1. For the purpose of this act the prac-

hirody tice of chiropody is defined to be the surgical, me-chanical and medical treatment of bunions, corns,abnormal nails, warts, callouses and all superficialexcrescences; but shall not include surgical opera-tions upon the feet for congenital or acquired de-formities or conditions, requiring the use of anaes-thetics other than local, nor shall it include amputa-tions.

SEc. 2. That section 4 of chapter 38 of the Lawsof 1917 be amended to read as follows:

Section 4. The state board of chiropody shall asherein provided examine applicants for licenses topractice chiropody and said board shall have thepower to make such rules and regulations as maybe necessary to properly conduct such examinations,such examinations to relate only to the followingsubjects: Anatomy, physiology, pathology, bacteri-ology, chemistry, therapeutics, clinical chiropody,asepsis, diagnosis and treatment. Not less than tenquestions on each subject may be given, and all suchexaminations shall be conducted in the English lan-guage written, oral and clinical. The board shall

Examinationof applicants.

380 [Ch. 120

SESSION LAWS, 1921.

make and preserve a complete record of all its trans-actions.

SEC. 3. That section 6 of chapter 38 of the Lawsof 1917 be amended to read as follows:

Section 6. Before any person shall be permitted Applicationfor license.

to take an examination for the issuance of a licenseunder the provisions of this act he or she shall filean application on a form to be prepared and fur-nished by the state board of chiropody, signed andverified by the, applicant, showing that he or she ismore than twenty-one years of age, and has obtaineda preliminary education which is equivaiexit to afour years instruction in a high school or its equiva-lent, and such applicant must be a graduate with atleast two years' attendance of a legally incorporatedand recognized school of chiropody, and shall filea certificate signed by two licensed physicians ofthis state to the effect that they are acquainted withthe applicant and believe him or her to be a personof good moral character. All licenses issued underthe provisions of this act, whether with or withoutexamination, shall be identical in form, and shallbe numbered and recorded in the book kept for thatpurpose by the secretary of the state board of chir-opody, and shall be signed by the president of saidboard, and attested by the secretary under the officialseal of the board.


Section 7. An applicant who fails to pass an ex- Re-examina-amination satisfactory to the board, and is thereforerefused registration, shall be entitled, at the expira-tion of six months from the date of the examinationat which he failed, to a re-examination at a meetingof the board called for the examination of applicants,upon the payment of a fee of fifteen dollars ($15.00)for each such re-examination.

Ch. 120.] 381


Section 9. Every applicant for a license to prac-License fee. tice chiropody shall pay to the secretary of the state

board of chiropody, for the use of the state, the sumof thirty-five dollars ($35.00) and a renewal for eachyear of three dollars ($3.00).


Section 10. It shall be deemed prima facie evi-Evidence of deuce of.the practice of chiropody or as holding him-practicer ofprciehlng±-chiropody. self out as a practitioner of chiropody within the

meaning of this act for any person to treat in anymanner the human foot by medical, surgical or me-chanical means or appliances, or to use the title"chiropodist" or any other words or letters whichdesignate or tend to designate to the public that theperson so treating or holding himself out to treat, isa chiropodist.


Section 17. Every person practicing chiropodyOffice re-iquirements. in this state shall maintain an office for the treat-

ment of patients, which office shall be kept in a cleanand sanitary condition and equipped with the properfacilities for sterilizing all instruments, and no in-strument of any kind shall be used on any personbefore it has been thoroughly sterilized.

SEc. 8. That there be added to chapter 38 of theLaws of 1917 a new section to be designated as sec-tion 22 and to read as follows:

Section 22. The board may suspend any certi-fsertntio ficate granted under this act for a period not exceed-

iscon- ing six months, on account of misconduct on the partof the person registered which would not in the judg-

SESSION LAWS, 1921. [Ch. 120382

SESSION LAWS, 1921.

ment of the board justify the revocation of his orher certificate.

SEC. 9. That there be added to chapter 38 of theLaws of 1917 a new section to be designated as sec-tion 23 and to read as follows:

Section 23. Any license provided for in this act Renewal oflapsed

that has been allowed to lapse may be renewed by license.

presentation of a new character certificate as re-quired for examination, together with the paymentof the annual license fee.

SEC. 10. That there be added to chapter 38 of theLaws of 1917 a new section to be designated as sec-tion 24 and to read as follows:

Section 24. Applicants registered or certified by Applicants ofother states.

examiners of other states where requirements areequal to those of this state may, upon the payment ofa fee of thirty-five dollars ($35.00), be granted acertificate without examination: Provided, however,That the provisions of this section shall be extendedonly to those states which extend to this state thesame privilege.


Ch. 120.] 383

SESSION LAWS, 1921.

CHAPTER 121.[S. B. 62.]

WASHINGTON CROP CREDIT ACT.

AN ACT relating to rural credits and agricultural co-operationproviding for the organization and regulation of crop creditassociations; the duties of the director of marketing in rela-tion thereto, and prescribing penalties for the violation of theprovisions hereof.


SECTION 1. This act shall be known and may beTitle. cited as the "Washington Crop Credit Act."

SEC. 2. The purpose of this act is to promote thePurpose of orderly marketing of standard crops grown in theact.

State of Washington by providing credit facilitieswhereby the growers thereof may finance the har-vesting, storing and marketing of same.

SEC. 3. Any number of bona fide growers ofRequire- standard crops in the State of Washington, not lessments for as-sociation, than ten, may associate themselves together to form

a crop credit association in the manner hereinafterprovided. The term "standard crops" as hereinused means wheat, hay, apples, potatoes, and suchother crops as the director of marketing of the Stateof Washington shall hereafter designate.

Classification SEC. 4. Such crop credit associations shall beof associa-tions. divided into two classes:

(a) Temporary Crop Credit Associations, whichshall exist for one year and for the purpose of estab-lishing credit facilities for the handling of one crop.

(b) Permanent Crop Credit Associations, whichmay incorporate for a term not exceeding fifty years,with such powers and privileges as are hereinafterset forth or may be conferred thereon by law.

Supervision. SEc. 5. The director of farm marketing of theState of Washington shall have general charge and

[Ch. 121.. 384

supervision of all such crop credit associations asherein provided. Before beginning his duties asthe director of crop credit associations he shall makeand file in the office of the secretary of state a bondin the penal sum of five thousand dollars ($5,000.00),to be approved by the secretary of state, conditionedupon the faithful discharge of his duties as suchdirector of crop credit associations. The word"director " wherever it shall hereafter appear in thisact shall mean the director of farm marketing of theState of Washington.

SEC. 6. Any qualified persons desiring to form Articies.of

a crop credit association as herein provided shallexecute in quadruplicate and acknowledge beforesome officer authorized to take the acknowledgmentof deeds articles of association, one copy of whichshall be filed in the office of the director, one copyin the office of the secretary of state of the State ofWashington, one copy in the office of the countyauditor of the county where the principal place ofbusiness of such association is located, and one copyshall be kept as part of the permanent records andfiles of such association.

SEC. 7. If such association is to be a temporary Te

association, said articles shall state the name of the articles.

association, its principal place of business, theamount of the membership fee to be charged and theamount of credit in the aggregate which it is esti-mated its members will require. In addition thereto,the organizers of such association shall file the appli-cation for a permit to transact business as herein-after more fully set forth. The organizers of suchtemporary organization shall also pay to the directora fee of five dollars ($5.00), and to the secretary ofstate of Washington a fee of ten dollars ($10.00).

-13

385SESSION LAWS,.1921.Ch. 121.]

SEC. 8. The organizers of a permanent croperann credit association shall likewise execute in quad-

articles. ruplicate and file as above provided original copiesof proposed articles of association therefor. Saidarticles of association shall set forth:

(a) The name of the association which shallcontain the words " Crop Credit Association".

(b) Its principal place of business.(c) The term for which it is to exist, which shall

not exceed fifty years.(d) The amount of membership fees required of

its members, not to exceed one hundred dollars($100.00) each.

(e) The business desired to be transacted bysaid association, if any, in addition to the powers andprivileges hereinafter set forth.

SEc. 9. If the director shall be convinced thatIssue of thrisanefocertifate. there is a need for the proposed crop credit associa-

tion and that the business which it is to do, as shownby said articles of association, is in accordance withthe provisions of this act, he shall issue a certificateauthorizing the filing of the said articles of associa-tion in the office of the secretary of state of Washing-ton and in the office of the county auditor of thecounty wherein is located the principal place ofbusiness of said association.

SEC. 10. The organizers of any permanent cropFiling fee. credit association shall pay the following filing and

license fees: To the director, ten dollars ($10.00) ; tothe secretary of state, fifteen dollars ($15.00), andthe annual license fee required of corporations to becollected by the secretary of state as in the case ofother corporations; and thereafter said associationshall pay to the secretary of state, annually on orbefore the first day of July, a license fee of fifteendollars ($15.00).


SESSION LAWS, 1921.

SEC. 11. Upon the issuance of said certificate of rowers.authority by the director and the issuance of a licenseby the secretary of state, every such association shallbe a body corporate and politic in fact and in name,by the name stated in the articles of association, andshall have power:

(1) To sue and be sued in any court having com-petent jurisdiction.

(2) To make and use a common seal.

(3) To purchase, hold, own, mortgage, sell andconvey real and personal property to borrow moneyas shall be necessary for the needs of said corpora-tion and to lend same, or any part thereof, or any ofthe funds of the association to its members uponsuch security, real or personal, as it shall require;and to execute, as evidence of money borrowed, anyand all forms of notes, bonds, debentures and cer-tificates, and secure same by the execution of anymortgage, lien, deed of trust or the surrender of anyproperty owned or held by it, and to pay, cancel,satisfy and renew the same, and to receive any of theabove evidences of indebtedness and securities formoney loaned.

(4) To engage in the warehouse and storagebusiness for the benefit of its members, and to handle,prepare for market, store, ship and sell all agricul-tural crops for or on account of its members, and tocharge and receive compensation for any suchservice.

(5) To appoint such officers, agents and ser-vants as the business of the corporation shall re-quire, to define their powers, prescribe their duties,and fix their compensation.

(6) To require of them such security as may bethought proper for the fulfillment of their duties andto remove them at will; except that no trustee shall

387Ch. 121.]

be removed from office unless by vote of a majorityof the members thereof.

(7) To make by-laws not inconsistent with thelaws of this state or of the United States.

(8) To manage its property, to regulate itsaffairs, to provide for the transfer of membershiptherein, and to carry on all kinds of business withinthe objects and purposes of said association as ex-pressed in the articles of said association or con-tained in this act.

(9) To act as broker for its members in dispos-ing or selling of their crops, and to advance and lendmoney to any such member on the security of suchcrops or such other security, real or personal, as itmay require.

(10) To hold, own and vote stock or otherevidence of ownership in any other co-operative asso-ciation or corporation.

(11) To buy, sell and deal in and to procure forits members such supplies as shall be necessary oruseful in and about the growing, harvesting andmarketing of any agricultural crop grown or to begrown by them.

SEC. 12. No crop credit association shall engageRestrictions. in the business of buying or selling for its own ac-

count, directly or indirectly, any crop grown, raisedor produced by its members, or others, but such asso-ciation may be and act as broker, as in this act pro-vided, for the sale of the crops of its members. Noneof the funds or assets of any such association shallever be used for or expended in and about the busi-ness of buying, selling or dealing in any such crops.

SEC. 13. The organizers of every crop creditBy-laws. association shall, before it commences business,

adopt by-laws for the government of said associa-tion, in which provision shall be made for the adnis-sion of members thereto; the- terms of admission,

388 SESSION LAWS, 1921. [Ch. 121.

SESSION LAWS, 1921.

lapsation and expulsion, and the membership fee ofnot to exceed one hundred dollars ($100.00) whichshall be required from each member. Upon the fullpayment of any such membership fee the associationshall issue a certificate of membership which shallbe transferable only to bona fide growers of standardfarm crops under such conditions and regulations asshall be provided in such by-laws. No. person shallbecome a member of any crop credit association whois not, at the time of becoming such member, a bonafide grower of standard farm crops in the state ofWashington. Such by-laws shall also contain rulesand regulations for the proper and orderly govern-ment of such association and the exercise of itslawful powers. Every association shall submit itsproposed by-laws to the director for his approvalthat the government of all crop credit associations inthe state of Washington shall be uniform. If said by-laws are not approved by the said director, the sameshall be suspended by his order until by-laws ap-proved by him shall be adopted by such crop creditassociation.

SEC. 14. Such association shall be managed by Board oftrustees and

a board of not less than three trustees. The trustees offcers.

shall be elected by and from the members of the asso-ciation at such time and for such term of office as theby-laws may prescribe and shall hold office duringthe term for which they are elected and until theirsuccessors are elected and qualified; but a majorityof the members shall have the power, at any regularor special meeting legally called for that purpose, toremove any trustee or officer for cause, and fill thevacancy. The officers of every such association shallbe a president, vice-president, secretary and treas-urer, who shall be elected by the trustees. Each ofsaid officers must be a member of the association. All

389Ch. 121.]

elections shall be by ballot. Each member of theassociation shall be entitled to one vote only.

SEC 15. Any crop credit association organizedLoans and under the provisions of this act shall have authoritysecurities.

to make loans to its members, in accordance withtheir credit needs, not to exceed 66 2/3% of the fairmarket value of the standard farm crops grown bysuch member, and in turn may mortgage, transfer orhypothecate the said crops as direct or collateralsecurity for the borrowing of money necessary tomake such advances and loans to its members. Eachloan by the association to its members shall be evi-denced by the negotiable promissory note of themember borrower in an amount exceeding the creditextended to such member by 10%, with interest at arate fixed by the association and maturing at leastfifteen days prior to the maturity of the crop creditnotes herein provided for, which note shall besecured by a-negotiable warehouse receipt coveringsaid standard agricultural product;.a policy of insur-ance against loss by fire, and a certificate of inspec-tion by the proper authority of the state of Washing-ton as to the quality and variety of the farm productoffered as such security. All such crops so offered assecurity for such loans must be free and clear of allincumbrances, except inspection, warehouse and in-surance charges accruing against same: Provided,That when the standard crop used. as the basis ofcredit is wheat, 75% of the fair market value may beloaned thereon and no certificate of inspectionthereof shall be required.

SEC. 16. Every crop credit association whichApplication shall desire to issue its notes or commercial paper,for issue of

nopest secured by the crops of its members as hereinaboveassociation. provided, shall make application to the director for

authority to issue crop credit notes of the associa-


SESSION LAWS, 1921.

tion, which application shall be made upon blanksfurnished for that purpose by said director and shallshow:

(1) The name and place of business of the asso-ciation making such application.

(2) The kind of standard farm crop to be usedby it for credit purposes, and only one standard farmcrop shall be used for each issue of crop credit notes.

(3) The estimated quantity and quality of thecrop to be so used.

(4) The estimated amount of money desired tobe borrowed against any such crop.

(5) The period of credit desired, not to exceedsix months.

(6) The estimated number of growers of suchstandard crop.

(7) The name of the trustee.Said application shall be signed by the president

and secretary of such association and attested by itsseal, and shall be accompanied by a fee of five dollars($5.00).

SEC. 17. Upon the receipt of said application Action on

and the filing fee by the director he shall cause inves-tigation thereof to be made covering the informationcontained in such application, and if he finds the saidapplication in all respects in accordance with thisact, he shall issue a certificate of authority to thetrustee named in said application, in which certificateshall be stated a fair price for credit purposes of thefarm crops mentioned in said application, to be usedas the basis of credit in the issue of crop creditnotes. Said fair price shall be determined by saiddirector from any and all information obtained byhim with reference to the particular farm crop,covering the condition of the markets in the UnitedStates and elsewhere; the visible supply of suchproduct and the kind, quality and condition of same.

Ch. 121.] 391

Said fair price shall not be considered as in anymanner fixing the price at which said products mayor shall be bought or sold, but same shall be fixedonly for the purpose of further assuring the pur-chasers of any securities or paper issued on the basisof the credit of such farm crop.

SEc. 18. Upon the issuance of said certificate ofSecurity for authority to the trustee named in any such applica-crop creditnotes. tion, said trustee shall immediately so inform the

officers of the association making such application.The association shall thereupon forthwith deliver tothe said trustee all notes, warehouse receipts, securi-ties, insurance policies and certificates of inspectionheld by it or which shall be required by the directoras security for the proposed issue of crop creditnotes, and shall convey full title of all property andsecurities represented by any evidence of indebted-ness or constituting a lien thereon to the said trustee,to be by said trustee used as the security for theissuance of the proposed crop credit notes by saidassociation.

SEc. 19. Thereupon said crop credit associationNotes, issue may issue, under the seal and signed by the presidentand pay- ,sge rsdnment. and secretary of such association, crop credit notes

in the aggregate not to exceed the amount of suchissue of notes stated in the certificate of authority ofthe director to the trustee. Said notes shall be indenominations of not less than fifty dollars ($50.00)nor more than five thousand dollars ($5,000.00), pay-able at a fixed period of maturity, not to exceed sixmonths from the date of the certificate of authority,as shall be determined by the said board of trustees.Said notes shall thereupon be delivered to saidtrustee, who shall countersign same and deliver themat such times and in such amounts and at such dis-count as shall be determined by the board of trusteesby resolution entered upon the minutes of their pro-

392 SESSION LAWS, 1921. [Ch. 121.

SESSION LAWS, 1921.

ceedings. Said notes shall contain the number of thecertificate of authority and the date of issuancethereof, together with the facsimile signature of thedirector and a series number, and shall state the kindof standard crop held by said trustee as securitytherefor, and shall otherwise be in such form as thedirector shall prescribe.

SEc. 20. Said trustee shall deliver said notes, Distributio

properly countersigned, and receive the proceeds of of note.

the sale thereof, which proceeds shall be by saidtrustee immediately distributed to the members ofsaid association in accordance with their credit re-quirements as shown by a schedule signed by theofficers of said association and filed with the trusteeshowing the name and address of each member bor-rower, the kind, quantity and value of the. croppledged by him as security for his loan, and theamount borrowed thereon, less a brokerage chargeof not to exceed two per cent (2o) thereof for theuse of the association as determined by its trustees.

SEc. 21. The trustee holding the said securities iornpensa-

herein provided shall be entitled, as compensation tustee hrid-for all of its services rendered under this act, to a ties.

fee not to exceed one per cent (1%) of the-par valueof the notes issued by it where such issue shall befifty thousand dollars ($50,000.00) or less, and notto exceed one-half of one per cent for any such issueof more than fifty thousand dollars ($50,000.00), pay-able from the brokerage charged by the association,as shall be agreed between the association and saidtrustee, which agreement shall be approved by thedirector.

SEC. 22. All such crop credit notes shall be gen- Notes, gen-eral obliga-

eral obligations of the crop credit association issuing tion.

same and shall be secured by the entire number ofcollateral notes of the members of said association,

393Ch. 121.]

participating in such issue, deposited with saidtrustee.

SEC. 23. Upon maturity of the notes evidencingMembers' in- the members' indebtedness to the association, thedebtedness,collection sadtu.lcand disposi- said trustee shall collect and place same in a fundtion of. for the retirement of said crop credit notes. Upon

the collection of said indebtedness, which shall in-clude the ten per cent (10%) excess, as hereinbeforeprovided, any and all warehouse receipts, insurancepolicies, certificates of inspection, or other securitydeposited for the security of the indebtedness of saidmember, shall be delivered to the said member or tohis order. The funds so repaid by the members ofthe association, upon. the order of the trustees ofsuch association may be used for the immediate re-tirement of any outstanding crop credit notes of saidissue, at a price not to exceed the face value of suchcrop credit notes. All members' notes, money, certifi-cates and *securities remaining in the hands of saidtrustee, after permission given it by the director,shall be returned to the crop credit association issu-ing same, which association shall collect as quicklyas possible any remaining indebtedness under saidissue then due to it. All sums so collected, less collec-tion fees and expenses, shall be divided among andpaid to the members of said association in proportionto the loans severally made to its members: Pro-vided, however, That before any such division ofmoneys remaining after the retirement of any issueof crop credit notes, a full report of the issuance andsale of said notes and the retirement thereof shall bemade to the director, and same shall not be distrib-uted to the members of such association until theapproval thereof by said director has been made inwriting.

Trustee to SEC. 24. A full report of every issue of suchmake re-ports. crop creditnotes shall be made to the director by the

SESSION LAWS, 1,921. [Ch. 121.394

SESSION LAWS, 1921.

trustee at the time of sale of said notes and again atthe time of the redemption thereof, said reports tobe made upon blanks furnished therefor by saiddirector. The director shall at all times have theright and privilege of inspecting the crops, securi-ties, warehouse receipts and accounts of the saidassociation or the said trustee until the issue securedby same shall have been fully paid and retired. Eachassociation shall make an annual report to the direc-tor of markets, showing the gross returns to saidassociation from the business of the previous year;an itemized statement of its expenses; the amount ofits net gain, if any, which shall have been transferredto a surplus account; and the amount of money dis-tributed to its members.

SEC. 25. Every permanent association organ- Capital.

ized-under this act may establish a capital accountwhich shall be its working capital. It may transferthereto any membership fees, commissions, fees orcharges against its members or profits from sale ofsupplies to its members, and may use said capitalfund in the transaction of any lawful business con-ducted by the association.

SEC. 26. Any bank, trust company or mutual Who may actas trustee.

savings bank organized under the laws of the state ofWashington may be and act as the trustee for theissuance of any crop credit notes provided for herein,and any bank organized under the laws of the UnitedStates, may also act as such trustee, subject to thesupervision of the directors as in this act provided.

SEc. 27. No issue of crop credit notes shall be Authority toissue crop

made without first having secured the authority of credit notes.

the director, nor shall any such issue be foundedupon any other than standard agricultural cropsgrown in this state. The director shall make generalrules and regulations governing the issuance of such

Ch. 121.] 395

notes and for the proper administration and en-forcement of this act.

SEc. 28. For good cause shown the director mayRefunding permit the issuance of refunding notes to take upnotes.

any balance of a series upon maturity thereof: Pro-vided, There shall be ample security for said refund-ing issue in accordance with the requirements of thisact, said refunding series to be issued at or prior tothe maturity of said first series of notes covering anysuch crop.

SEc. 29. Upon default by any crop credit asso-Default by ciation in the payment of its crop credit notesassociation.

promptly at the maturity thereof, notice of protestof which shall be immediately given by the trustee tothe director, said director shall take charge of all thebusiness, property, security and assets of said asso-ciation whether the same be in possession of saidassociation or in the hands of the trustee of its issueof crop credit notes, and shall have the power andauthority immediately to market to the best advan-tage any crops remaining on hand as security for theremainder. of said notes. He may make compositionwith the creditors of said association holding its cropcredit notes; he may arrange for an extension of thetime of payment thereof, and may otherwise fullyliquidate the affairs of said association with all thepowers of a receiver, duly and regularly appointedby the court having jurisdiction of the associationinvolved, and said director may make application tothe superior court in the county where the principalplace of business of such association is located forany additional authority necessary to enable himproperly and promptly to liquidate the affairs of saidassociation and to pay its creditors. In any suchliquidation the creditors holding crop credit notesshall be considered to have a first lien upon all theproperty and assets securing said notes, and there-

396 SESSION LAWS, 1921. [Ch. 121.

SESSION LAWS, 1921.

. after shall share equally with the unsecured creditorsof said association in any unencumbered assetsthereof.

SEC. 30. No liability shall attach to the director; Liability

nor to the trustee issuing said certificates by reasonof the exercise of the authority granted by this act,except that said trustee shall be liable for misfeas-ance or malfeasance in the administration of saidtrust. No liability in excess of the membership feecharged by said association shall accrue to or againstany member thereof by reason of such membership.

SEC. 31. Any co-operative marketing associa- Scope of act.

tion, stock company or association engaged ex-clusively in harvesting, storing, preparing formarket or marketing the crops or products of itsmembers or stockholders, may take advantage of theprovisions of this act and shall be entitled to all ofthe privileges hereof upon filing the application forauthority to issue crop credit notes as hereinbeforeprovided for temporary and permanent crop creditassociations. Any certificate of authority issued toor for any corporation so applying shall be deemedto be for one crop season only as in the case of atemporary crop credit association.

SEc. 32. Every member borrower personally or Right ofborrower to

through his duly authorized agent or broker shall "Ilohave the exclusive right to sell and dispose of thecrop pledged by him for his loan: Provided, Thatafter the maturity of the indebtedness from him tothe association, the association may forthwith andwithout notice to the borrower, sell said crops to thebest advantage and discharge said indebtedness.

SEC. 33. All fees collected by the director. shall Deector's

inure to the benefit of the State College of Washing-ton for use in the work of the director of marketingand shall be available therefor without any other or

Ch. 121.] 397

further appropriation thereof. A statement of allreceipts and expenditures by the director shall bemade in his annual report.

SEc. 34. Every person who shall violate orViolationsaivilto anof act. knowingly aid or abet the violation of any provision

of this act, and every person who fails to performany act which it is made his duty to perform hereinshall be guilty of a gross misdemeanor.

SEc. 35. If any section or part of a section ofPartial this act shall, for any cause, be held unconstitutional,validity.I

such holding shall not affect the rest of this act orany other section hereof.

SEC. 36. When the Director of Agriculture shallErercorso have been appointed and qualified and shall assumediretrs'an

and and exercise the duties of his office, all powers andduties herein conferred and imposed upon theDirector of Farm Marketing shall be transferred tothe office of the Director of Agriculture and be as-sumed and exercised by the incumbent thereof.


CHAPTER 122.[H. B. 147.]

INTOXICATING LIQUORS.

AN AcT relating to intoxicating liquors, and amending sections1 3193, 3194, Pierce's Code.


SECTION 1. That section 3193 Pierce's Code(Laws 1917 p. 46) be amended to read as follows:

Penalties for 39.pro ovceviolations. Section 3193. Every person convicted of a viola-

tion of the provision of this act, for which the pun-

SESSION LAWS, 1921. (Ch. 122.1398

SESSION LAWS, 1921.

ishment is not specifically prescribed, shall be pun-ished by a fine of not more than two hundred andfifty dollars or by imprisonment in the county jailfor not more than ninety days or by both such fineand imprisonment.

Every person convicted of the sale, barter orexchange of intoxicating liquor or of the keeping ortransporting of any such liquor with intent to sell,barter or exchange the same shall be punished by afine of not less than $250 nor more than $500 and byimprisonment in the county jail for not less thansixty days nor more than six months. Every personconvicted a second time of the sale, barter or ex-change of intoxicating liquor or of the keeping ortransporting of any such liquor with intent to sell,barter, or exchange the same shall be punished by afine of not less than $500 nor more than $1,000, andby imprisonment in the county jail for not less thanfour months nor more than one year.

Every person convicted of the manufacture ofintoxicating liquor for the purpose of sale, barteror exchange thereof shall be punished by a fine ofnot less than $500 nor more than $1,000, and by im-prisonment in the county jail for not less than ninetydays nor more than six months. Every person con-victed a second time of the manufacture of intoxicat-ing liquor for the purpose of sale, barter or exchangethereof shall be punished by a fine of not less than$1,000 nor more than $2,000, and by imprisonment inthe county jail for not less than six months nor morethan one year.

The provisions and penalties of this section are Scope.

independent of those of Sec. 3179h of Pierce's Wash-ington Code relating to the offenses of "jointist"and "bootlegger" which shall remain in full forceand effect.

Ch. 122.] 399

Every justice of the peace shall have jurisdictionto hear and determine any offense in this section pre-scribed and to impose any punishment in this sectionprovided except in cases where previous convictionunder this section is charged.


CHAPTER 123.[H. B. 73.,

INDEBTEDNESS OF TAXING DISTRICTS.

AN ACT relating to the computation of the indebtedness of taxingdistricts and amending section 5401 Pierce's Code, and declar-ing that this act shall take effect immediately.


SECTION 1. That section 5401 Pierce's Code beamended to read as follows:

Section 5401. Whenever it shall be necessary toHow com- compute the indebtedness of a taxing district forputed.

bonding or any other indetbedness purposes, taxeslevied for the current year and cash on hand receivedfor the purpose of carrying on the business of suchtaxing district for such current year shall be con-sidered as an asset only as against indebtednes in-curred during such current year whichis payablefrom such taxes or cash on hand: Provided, however,That all taxes levied for the payment of bonds, war-rants or other public debts of such taxing district,shall be deemed a competent and sufficient asset ofthe taxing district to be considered in calculating theconstitutional debt limit or the debt limit prescribedby this act for any taxing district: Provided, That


SESSION LAWS, 1921.

the provisions of this section shall not apply in com-puting the debt limit of a taxing district in connec-tion with bonds authorized pursuant to a vote of theelectors at an election called prior to March 1, 1917.


preservation of the public peace, health and safety,support of the state government and its existingpublic institutions, and shall take effect immediately.

Passed the House January 31, 1921.Passed the Senate March 8, 1921.Approved by the Governor March 19, 1921.

CHAPTER 124.[H. B. 227.1

TAXATION OF MINING PROPERTIES AND PROFITS.

AN ACT providing for the assessment and taxation of mines, min-ing claims and the improvements thereon and the net profitstherefrom, requiring statements of net profits and providinga penalty for. false statements made.


SECTION 1. All mines and mining claims, both T axa t ionauthorized.

placer and rock in place, containing or bearing gold,silver, copper, lead or other valuable mineral ormetal deposits, which mining claims are acquired orheld under the lode or placer mining laws of theUnited States after purchase thereof from theUnited States shall be taxed at the price paid theUnited States therefor unless the surface ground ormining claim is used for other than mining purposesand has a separate and independent value for suchother purposes, in which case said surface ground orany part thereof so used for other than mining pur-poses shall be taxed at its value for such other pur-

Ch. 124.] 401

SESSION LAWS, 1921.

poses. Unpatented mining claims shall not be taxed,but the surface improvements thereon shall be taxedin the same manner as other improvements of likecharacter and the net proceeds thereof shall be taxedas is herein provided. All machinery used in miningand all property and surface improvements uponmines or mining claims, which have a value separateand independent of such mines or mining claims andthe net annual proceeds of all mines and miningclaims shall be taxed: Provided, That nothing in thisact contained must be construed so as to exempt fromtaxation improvements, buildings, erections, struc-tures or machinery placed upon any mining claim orused in connection therewith.

SEC. 2. The term "net profits" as employed innefnts this act means the amount of money received from

the mining of said minerals or metals from anymine or mining claim after the deduction of theactual expenditure of money for labor in and aboutextracting metals and minerals from the mine ormining claim and transporting the same to the mill,concentrator, smelter or reduction works and thereduction thereof and the conversion of the same intomoney or its equivalent, and also the deduction of allmoneys expended for necessary labor, machinery andsupplies needed and used in the mining operations,for the improvements necessary in and about themine or mining claim, for reducing ores, for the con-struction of mills and reduction works used andoperated in connection with the mine, or miningclaim, for transporting the ore and for extractingthe metals and minerals therefrom; but the moneyinvested in the mine or improvements made duringany year except the year immediately preceding suchstatement must not be included therein. Such ex-penditures shall not include the salaries or any por-tion thereof of any person or officer not actually

402 [Ch. 124.

SESSION LAWS, 1921.

engaged in the working of the mine or personallysuperintending the management thereof.

SEc. 3. Every person, corporation or associa- Annualstatement

tion, engaged in mining gold, silver, copper, lead or monin op-

other precious and valuable minerals or metals, or erations.

mineral or metal deposits, must between the first dayof January and the first day of March in each year,make out a statement of production, costs and of thenet profits derived from the mining of said metals orminerals, from each mine or mining claim owned orworked by such person, or from each group of minesor mining claims worked by a common system of de-velopment, during the year preceding the first day ofJanuary. Such statement must be verified by theoath of such person, or superintendent or managingagent of such corporation or association, who mustdeliver the same to the assessor of the county inwhich such mines are situated.

SEC. 4. Where the same person or company.or Operation ofseveral

association is operating two or more mining claims claims underone system.

under one general system of mining or development,the product of which group of mines is mingled andtreated as one mining operation, the statement ofthe owner provided herein to be made, and the assess-ment provided herein to be made by the assessor,shall be made as to such entire group, and need notbe made as to each particular mining claim constitut-ing such group.

SEC. 5. If anyone herein required to make a Punish ment

statement, shall knowingly and wilfully swear to any statement.

false statement contained therein then such personshall be guilty of perjury, and shall be prosecutedand punished as provided for in other cases ofperjury.

SEC. 6. The assessor, after such statement has Powers andduties of

been rendered, shall have the right to examine the as"sesor

Ch. 124.] 403


books and accounts of any person, corporation orassociation engaged in mining as mentioned in thischapter, in order to verify the statement made bysuch person, corporation or association, and if fromsuch examination he finds such statement false, hemust assess the net proceeds in the same manner asif no statement had been made and delivered, bymaking an estimate from the best sources within hisreach, and if satisfied that the false statement wasintentionally made, he shall add as a penalty there-for, to the amount of the net proceeds so found, fiftyper cent thereof, which amount thus increased shallconstitute the sum upon which the taxes must belevied, and collected, and such assessment shall bebinding, effectual and lawful, and the value so fixedby the assessor shall not be reduced by the CountyBoard of Equalization, but is subject to review byaction brought in the superior court therefor.

All information derived from any examination ofthe books and accounts made pursuant to this chapterby the assessor, or anyone acting for him or repre-senting him, shall be deemed to be and held as con-fidential communications not to be communicated toany other person by the person making such exami-nation, or anyone to whom the knowledge of suchexamination or facts therein disclosed shall come,except when it becomes necessary as the part of theperformance of the public duty of such person to dis-close the same in any proceeding affecting thevalidity of said assessment or taxation, or for theprosecution for perjury of the person required tomake the statement mentioned in this chapter. Anyperson or officer making such disclosures or violatingsuch confidence, except as herein provided, shall bedeemed guilty of a felony, and upon conviction there-of shall be removed from office and punished as incase of other felonies.

404

Failure toSEc. 7. If any person, corporation or associa- furnish

tion, engaged in mining as mentioned in this chapter, statement.

refuses or neglects to make and deliver to the asses-sor of the county where the mines are located, thestatement mentioned in this chapter, such assessormust list the amount of said tax in the manner pro-vided by the law for the assessment of other propertywhere no statement is furnished.

SEC. 8. The assessor must prepare at the time Assessorassessment

of the preparation of the general assessment book, book.

another assessment book called the "AssessmentBook of the Net Profits of Mines", alphabeticallyarranged, in which must be specified in separatecolumns and under appropriate heads:

1. The name of the owner or owners of the mines;2. The name, description and location of the mine;3. The number of tons extracted during the year;4. The gross yield or value in dollars and cents;5. The actual cost of extracting the same from the mine;6. The actual cost of transportation to the place of reduction

or sale;7. The actual cost of reduction or sale;8. The cost of construction of betterments and repairs of mines

and reduction works during the year;9. The net profits in dollars;

10. The total amount of taxes.

SEC. 9. The duties of the assessor, county audi- what laws

tor, State Board of Equalization, and the CountyBoard of Equalization, as to the assessment of thenet profits of mines, the statements and returns tobe made, the equalization thereof, and other officialacts, are the same as those provided by the laws ofthe state for the assessment of other property.

SEC. 10. All property herein specified to be teomntas-

taxed shall be assessed at the same rate as is otherproperty in the county where said property is situ- Collection.

ated. The taxes mentioned herein must be collectedand payment thereof enforced in the same manner asthe collection and enforcement of other taxes are


SESSION LAWS, 1921.

provided for by law and every such tax is a lien uponthe mine or mining claim or where the net profitsthereof are the product of a group of mining claimsoperated by the same person or persons or corpora-tion shall be a lien upon all of the mining claims in-cluded in said group. Said lien attaches at the sametime as is provided for the attachment of the lien oftaxes upon other property in this state and the salethereof for delinquent taxes shall be made in thesame manner as is provided by law for the sale ofreal estate: Provided, That on unpatented miningclaims only the surface improvements thereon shallbe assessed and only such surface improvements canbe subjected to the lien of said taxes and such surfaceimprovements on unpatented mining claims shall besold in the same manner as is provided for the saleof personal property for taxes.


CHAPTER 125.[H. B. 170.]

PUBLICLY OWNED MOTOR VEHICLES.

AN ACT relating to publicly owned automobiles and motor vehi-cles, and requiring the marking thereof with the names ofthe public bodies owning the same.


SECTION 1. It shall be the duty of every publicName of de- officer and department having charge of any automo-partment toappear on. bile or other motor vehicle owned by any county,

city, town or other public body in this state and usedin the public business, except automobiles used by

[Ch. 125.

the sheriff's office, police department, constables andgame wardens, except automobiles engaged in policeduty, to cause to be painted updn such automobile orother motor vehicle, in letters of contrasting colors,not less than two by two and one-half inches in size,the name of such county, city, town or other publicbody, together with the name of the department oroffice upon the business of which said automobile orother motor vehicle is used.

SEC. 2. . Any person failing to comply with the violations.

provisions of this act, or any person driving or usingany automobile or other motor vehicle, required tobe marked under the provisions of this act, which isnot so marked, shall be guilty of a misdemeanor.


CHAPTER 126.[H. B. 131.1

RELATING TO PRACTICE OF LAW.

AN ACT relating to the practice of law, providing for a StateBoard of Law Examiners, defining its powers and duties,providing for the licensing of attorneys and counselors atlaw and for the suspension or revocation of licenses, provid-ing penalties for the violation hereof, and repealing Chapter115 Laws of 1917, Chapter 100 Laws of 1919 and Sections 119,120, 121, 122, 123, 124, 125, 126, 127, 128, 139, 140, 141 and 142of Remington & Ballinger's Annotated Codes and Statutesof Washington.

Be it enacted by the Legislature of the State of. Washington:

SECTION 1. There is hereby created a State State boardof law ex-

Board of Law Examiners composed of three mem- aminers.

bers of the bar, each of whom shall have been ad-mitted to practice in this state for at least five years

SESSION LAWS, 1921. 407Ch. 126.]

next preceding his appointment. The members of theState Board of Law Examiners at the time of thetaking effect of this aet shall continue to be membersof the Board of Law Examiners for the remainderof their respective terms, and upon the expiration ofthe term of office of a member, the supreme courtshall make an appointment to fill the vacancy, whichappointment shall be for a term of three years; andthereafter, at the expiration of any term of office ofa member, a like appointment shall be made for aterm of three years. Each member of the board shall,before entering upon the duties of his office, take andsubscribe such oath as the supreme court shall pre-scribe, which shall be filed with the clerk of thesupreme court. Each member of the board shall beallowed his traveling and incidental expenses andone thousand dollars per year for his services, pay-able in the same manner as state officers are paid.

SEC. 2. The board shall have its office with thesecretary, clerk of the supreme court, who shall act as secre-records andmeetings. tary, or one of the members of the board may act as

secretary. The records of the board shall be kept inthe office of the clerk, where all applications for ad-mission to the bar and all complaints or othermatters affecting the rights of persons to practicelaw in this state shall be filed. The board shall holdmeetings at the Temple of Justice at the state capitalon the fourth Tuesday of June and January of eachyear for the purpose of conducting examinations andpassing upon applications for admission to practicelaw in this state, and at such other times and placesas it may order, and may authorize any one or moreof its members to conduct examinations and reportthereon. Other meetings of the board may be held atsuch places as the board or the chairman may desig-nate, and the board may authorize one or more of its

408 SESSION LAWS, 1921. [Ch. 126.

SESSION LAWS, 1921.

members to act for it in any matter or proceeding orto make any investigation deemed by it advisable.

SEC. 3. The board shall pass upon all applica- Awlicationsto practice.

tions for permission to practice law before the courtsof this state, and when satisfied that an applicant hasthe requisite qualification to practice as an attor-ney and counselor, it shall so certify to the supremecourt; and upon such certification, unless objectionbe raised thereto and found sufficient, the court maymake an order admitting the applicant, and the clerkshall issue to him a certificate of admission. No per-son shall be denied admission to the bar on accountof sex.

SEc. 4. No person shall be permitted to practice Qualifica-

as an attorney or counselor at law or to do work of alegal nature for compensation, or to represent him-self as an attorney or counselor at law or qualifiedto do work of a legal nature, unless he is a citizen ofthe United States and a bona fide resident of thisstate and has been admitted to practice law in thisstate: Provided, that any person may appear andconduct his own case in any action or proceedingbrought by or against him, or may appear in his ownbehalf in the small claims department of the justice'scourt; and Provided further, That an attorney ofanother state may appear as counselor in a court ofthis state without admission, upon satisfying thecourt that his state grants the same right to attor-neys of this state.

SEc. 5. No person shall practice law who holds Restrictions.

a commission as judge in any court of record, or assheriff, coroner, or deputy sheriff; nor shall the clerkof the supreme court or of the superior court or thedeputy of either practice in the court of which he isclerk or deputy clerk: Provided, It shall be unlawfulfor a deputy prosecuting attorney, or for the em-

Ch. 126.] 409

SESSION LAWS, 1921.

ployee, partner, or agent of a prosecuting attorney,or for an attorney occupying offices with a prosecut-ing attorney, to appear for an adverse interest inany proceeding in which a prosecuting attorney isappearing, or to appear in any suit, action or pro-ceeding in which a prosecuting attorney is prohi-bited by law from appearing, but nothing hereinshall preclude a judge of a court of this state fromfinishing any business by him undertaken in a courtof the United States prior to his becoming ajudge.

SEc. 6. Every applicant for admission to theAffidavitupon appi, bar shall fild his affidavit that he is a citizen of thecation. United States. If a citizen by birth he shall state his

birth-place and date of birth; if a citizen by naturali-zation, the time, place and court ini which he or hisancestor made his first and final applications forcitizenship and swear that he owes his allegiance tothe United States. The applicant shall further statehis vocation during the five years immediately pre-ceding his application, and the specific place orplaces of his residence during that period.

SEc. 7. If the applicant has practiced law orResident of been admitted to the bar elsewhere than in this state,another be ditdt h a lehr hni hssaestate. he shall state such facts with respect thereto as the

board may prescribe or require. In addition theretoif the applicant comes from a place where there is alocal bar association, he shall present a recommenda-tion from its president and secretary. His applica-tion shall be supported by recommendation of ajudge of a court of general jurisdiction in which hehas practiced; and if there is no bar association atthe place whence the applicant came, he shall presentrecommendations from at least three members of thelocal bar where he last practiced. If for sufficientreason the applicant cannot obtain any of the recom-mendations required, the board may accept othersatisfactory proof of his character and reputation.

[Ch. 126.

SESSION LAWS, 1921.

SEc. 8. The board shall investigate the state- invtatements in the affidavits, and if.any of them are found aeuecom-

false in a material respect, or if the board finds theapplicant is not a proper person to be admitted topractice law, it shall recommend to the supreme courtthat the application be denied. If the board finds thatthe statements in the affidavits are substantially trueand that the applicant is a proper person to be ad-mitted to the bar, it shall recommend to the supremecourt that the application be granted, if the appli-cant has the educational qualifications hereinafterrequired.

SEc. 9. Applicants may be admitted on accred- Accreditedcertificate

ited certificates or upon examination. An accredited defined.

certificate shall be:(1) A certificate from the clerk or other officer

of the highest court of record of another state, orfrom the clerk of the court by which attorneys areadmitted, under the seal of the court, showing thatthe applicant was entitled to practice and wasactively engaged in practice in such state for fiveyears or more next preceding the date of the certifi-cate, together with a certificate from the chief justiceor other member of such court, under the seal of thecourt, certifying that the applicant is in good stand-ing at the bar of the court and is an honorable andworthy member of the profession. If the certificatelast mentioned cannot be procured on account of lackof acquaintance, the board may accept in lieu thereofa certificate from the judge of the highest court ofrecord in the county wherein the applicant last re-sided: Provided, however, That the certificate wasissued within one year prior to his application foradmission in this state.

(2) A diploma of graduation from the lawschool of the University of Washington.

Ch. 126.]

(3) A diploma of graduation from an approvedlaw school within the state of equal standing as toentrance requirements and hours of study to that ofthe law school of the University of Washington.

SEC. 10. The board shall examine the curriculadoard to of law schools and determine which ones shall bedetermine

aprovd approved. No law schools shall be approved unlessthe board finds that its entrance requirements andhours of study are at least equal to those of theUniversity of Washington school of law, or of theAmerican Association of Law Schools. All appli-cants who have satisfactorily completed the course inan approved law school within this state, may, in thediscretion of the board, be recommended for admis-sion without further examination. The board shallprescribe the credits to be allowed for study in anyother than an approved law school, and for less thana full course in an approved law school, and for officestudy.

SEC. 11. Every person desiring to study law,Registration except a student in an approved law school, shalland course aprvdYwsalfstudyo prior to the commencement of his studies, registerstuentsinot

aernodin with the clerk of the supreme court. He shall not beschool. registered until he make proof satisfactory to the

board that he has general education sufficient to en-title him to enter the freshman class of the Uni-versity of Washington or of the State College ofWashington except its elementary science depart-ments. If a student in an approved law school leavethe school and pursue his legal studies elsewhere, hemust register as herein required. The board shallprescribe a course of legal study for students otherthan those in approved law schools. Such courseshall not be less than three years and examinationshall be held at the completion of the course: Pro-vided, That all persons who have served in the army,navy or marines of the United States, in the late war,


may be admitted to examination at any regular ex-amination meeting of the board of law examiners fora period of one year from the date of passage of -thisact: Provided further, That any person over the ageof twenty-five years and of good moral character whois a citizen of the United States and a resident of thestate of Washington and who has served for not lessthan five years as law clerk for a licensed and prac-ticing attorney or attorneys in the state of Washing-ton of good moral character and reputable standing,may be admitted at any tinrie to examination as to hiseducational qualifications, both general and legal;and if the board be satisfied that he is qualified topractice law it shall so certify to the supreme court.

SEc. 12. Every person before being admitted to Ot efore

practice law in this state shall take and subscribe thefollowing oath:

I do solemnly swear:I am a citizen of the United States and owe my

allegiance thereto;I will support the constitution of the United

States and the constitution of the state of Washing-ton;

I will maintain the respect due to courts of justiceand judicial officers;

I will not counsel or maintain any suit or proceed-ing which shall appear to me to be unjust, nor anydefense except such as I believe to be honestly debat-able under the law of the land, unless it be in defenseof a person charged with a public offense; I willemploy for the purpose of maintaining the causesconfided to me such means only as are consistentwith truth and honor, and will never seek to misleadthe judge or jury by any artifice or false statementof fact or law;

I will maintain the confidence and preserve invio-late the secrets of my client, and will accept no com-

SESSION LAWS, 1921. 413Ch. 126.]1

[Ch. 126.

pensation in connection with his business exceptfrom him or with his knowledge and approval;

I-will abstain from all offensive personality, andadvance no fact prejudicial to the honor or reputa-tion of a party or witness, unless required by thejustice of the cause with which I am charged;

I will never reject, from any consideration per-sonal to myself, the cause of the defenseless or op-pressed, or delay any man's cause for lucre or malice.So help me God.

SEc. 13. Applicants for admission to the barFees. upon accredited certificates or upon examination,

not having been admitted to the bar in another stateor territory, shall pay a fee of twenty-five dollarsand all other applicants a fee of fifty dollars to theclerk of the supreme court at the time of filing theapplication for admission. Such fees shall be ac-counted for as other fees of the clerk's office.

SEC. 14. An attorney or counselor may be dis-Disbarment barred or suspended for any of the following causesor suspen-sion. arising after his admission to practice: 1. His con-

viction of a felony or misdemeanor involving moralturpitude, in which case the record of convictionshall be conclusive evidence. 2. Wilful disobedienceor violation of an order of the court requiring him todo or forbear an act connected with, or in the courseof, his profession, which he ought in good faith to door forbear. 3. Violation of his oath as an attorney,or of his duties as an attorney and counselor. 4.Corruptly or wilfully, and without authority, ap-pearing as attorney for a party to an action or pro-ceeding. 5. Lending his name to be used as attorneyand counselor by another person who is not an attor-ney and counselor. 6. For the commission of any actinvolving moral turpitude, dishonesty or corruption,whether the same be committed in the course of hisrelations as an attorney or counselor at law, or


otherwise, and whether the same constitute a felonyor misdemeanor or not; and if the act constitute afelony or misdemeanor, conviction thereof in a crim-inal proceeding shall not be a condition precedent todisbarment or suspension from practice therefor. 7.Misrepresentation or concealment of a material factmade in his application for admission or in supportthereof. 8. Disbarment by a foreign court of com-petent jurisdiction. 9. Practicing law with or in co-operation with a disbarred or suspended attorney,or maintaining an office for the practice of law in aroom or office occupied or used in whole or in partby a disbarred or suspended attorney, or permittinga disbarred or suspended attorney to use his namefor the practice of law, or practicing law for or onbehalf of a disbarred or suspended attorney, or prac-ticing law under any arrangement or understandingfor division of fees or compensation of any kind witha disbarred or suspended attorney or with any per-son not a licensed attorney. 10. Gross incompetencyin the practice of the profession. 11. Violation of theethics of the profession.

SEC. 15. The code of ethics of the American Bar Code ofethics.

Association shall be the standard of ethics for themembers of the bar of this state.

SEc. 16. The board shall enforce the laws relat- commpaintsand hearings

ing to attorneys. Complaints shall be filed with the thereon.

secretary of the board and may be made by the boardor a member thereof or by persons having informa-tion of unprofessional acts or conduct. Notice shallbe given to the accused attorney of the time and placeof hearing. The hearing shall be had in the countywhere the accused resides unless the board shallotherwise direct. The board may delegate the takingof testimony or the making of. investigation to anyone or more members of the board.


SEC. 17. The board or a member thereof shallProceedings have power to issue subpoenas to compel the attend-upon hear-haepwrtisusupeatocmethatndings. ance of witnesses or the production of books or docu-

ments. The accused attorney shall have opportunityto make his defense and may have issued such sub-poenas as he may desire and as the board or memberconducting the hearing deems necessary. Subpoenasshall be served in the same manner as in civil casesin the superior court. Witnesses shall testify underoath administered by a member of the board. Testi-mony shall be taken in writing, and may be taken bydeposition, under such rules as the board may pre-scribe. The prosecuting attorney of the county inwhich the hearing is held shall assist the board inthe conduct of the. hearing, and the attorney generalshall assist when so requested by the board. Uponapproval by the court or presiding judge of thecounty where the hearing is held, whether such hear-ing be one for disbarment or for any other purposeauthorized by this act, the county shall pay the wit-nesses' and stenographer's fees and other disburse-ments incurred in the conduct of the hearing. Theboard shall make findings upon the evidence pro-duced, and shall file with the clerk of the supremecourt its findings and recommendations, togetherwith a transcript of the evidence.. SEC. 18. There shall be a hearing before the

Supreme supreme court upon the record certified by the boardcourt, hear- bng en. under such rules of procedure as the court may pre-

scribe. The supreme court shall render such judg-ment as the facts warrant or may remand the case tothe board for further investigation and considera-tion. The attorney may be disbarred, or suspended,or subjected to such other discipline as the court maydecree. If an attorney's license is suspended or an-nulled the clerk of the supreme court shall notify theclerks of the superior courts of the state.


SEC. 19. The board shall prescribe forms, rules Forns rules

and regulations to carry ouf the provisions of this tions.

act. Such forms, rules and regulations shall havethe same force and effect as if made a part of this act.

SEC. 20. Every attorney and counselor at law Anual reg-istration.

of this state except judges, shall register annuallywith the clerk of the county in which he resides orhas his place of practice, which registration may bedone in person, by agent, or by mail, and shall statethe name of the attorney, his address and the firmof attorneys with which he is connected, if any. Theclerk shall provide a book for such registration andshall register the names therein alphabetically. Incounties having a population of less than 125,000, the Fee.

fee for each annual registration shall be One Dollarto be paid into the state treasury for the generalfund; in counties having population of 125,000 ormore, the fee for each annual registration shall beTwo Dollars, one-half of which fee shall be paid intothe county treasury for the county law library fund;and the other half shall be paid into the state treas-ury for the general fund. An attorney who shall Failure toury regIster.

have failed to register before the first day of Febru-ary in any year shall be deemed suspended as anattorney and counselor at law until such registrationshall have been made and the fee paid, but suchsuspension shall not be construed to affect the rightsof litigants or others for whom the delinquent mayact during suspension. If an attorney fail to reg-ister for two successive years and pay his registra-tion fees, the county clerk shall notify the clerk ofthe Supreme Court, and the attorney; whereuponthe attorney's name shall be stricken from the listof attorneys until all delinquent fees are paid.

SEC. 21. The clerk of the Supreme Court shall eor

certify to the clerks of the superior courts of theseveral counties a list of all attorneys admitted and

-14

Ch. 126.] SESSION LAWS, 1921. 417

in good standing in the state on the first day ofSeptember of each yedir, commencing with the year1921, which list shall be filed and kept by said clerksas a public record.

SEC. 22. Any violation of this act or of a ruleViolations. prescribed under this act is a gross misdemeanor.

SEc. 23. Chapter 115, Laws of 1917, ChapterRepealing 100 Laws of 1919 and Sections 119, 120, 121, 122, 123,

124, 125, 126, 127, 128, 139, 140, 141 and 142 of Rem-ington & Ballinger's Annotated Codes and Statutesof Washington, are hereby repealed. This act shallnot affect existing rights. All former statutes andlaws are excepted from the repealing clause of thisact for the purpose of prosecuting any offenses com-mitted thereunder. The provisions of this act, in sofar as they are substantially the same as existingstatutes, shall be construed as continuations thereofand not as new enactments.



FUNDS AND TAX LEVIES IN CERTAIN CITIES.

As ACT relating to tax levies in certain municipalities, and amend-ing Section 5131 of Remington & Ballinger's Annotated Codesand Statutes of Washington.


SECTION 1. That Section 5131 of Rem. & Bal.Code be amended to read as follows:

Section 5131. Such municipal corporation shallLevies. levy and collect annually a property tax for the pay-

ment of current expenses, not exceeding fifteen mills

\,418 SESSION LAWS, 1921. [Ch. 127.

SESSION LAWS, 1921.

on the dollar; a tax for the payment of indebtedness(if any indebtedness exist) not exceeding six millson the dollar, and all moneys collected from thetaxes levied for payment of current expenses shallbe credited and applied by the treasurer to " CurrentExpense Fund"; and all moneys collected from thetaxes levied for the payment of indebtedness shallbe credited and applied to a fund to be designated asthe "Indebtedness Fund": Provided, That the CityCouncil, by unanimous vote of all its members at aregular meeting may levy a property tax for thepayment of current expenses not exceeding eighteenmills on the dollar: And provided further, That ifthe qualified electors of any such municipality shall,at a special election to be held for that purpose, votein favor of a larger levy for the payment of currentexpenses than eighteen mills on the dollar of assessedvaluation, such larger levy for such purpose may bemade accordingly: Provided further, That this actshall not be held to apply to cities of the third class,or in any way modify the law in relation thereto.


Ch. 127] 4119

SESSION LAWS, 1921.

CHAPTER 128.(H. 13. 77.]

LOCAL IMPROVEMENTS.

AN ACT relating to local improvements, and amending section1000 Pierce'q Code.


SECTION 1. That Section 1000 Pierce's Code beamended to read as follows:

Section 1000. The council or other legislativeLimit of body shall have jurisdiction to proceed with any suchassessment.

improvement initiated by petition or resolution:Provided, That in any city of the first class it ap-pears from the certificate of the board, officer, orauthority designated by charter or ordinance to de-termine the same that the proportion of the esti-mated cost and expense thereof to be assessedagainst the property in the proposed improvementdistrict does not exceed fifty per cent (50o) of thevaluation of the real estate, exclusive of improve-ments thereon, within such district, according to thevaluation last placed upon it for purposes of generaltaxation: Provided, That this limit may be exceededwhen any such improvement shall be petitioned for'in the manner provided in Section 997, and such peti-tion shall be signed by the owners of sixty (60o)per cent of the lineal frontage upon the improvementto be made and three-fourths of the area within thelimits. of the proposed improvement district, andshall specify a certain higher percentage up to whichthe property within such proposed improvement dis-trict may be assessed: Provided, further, That thejurisdiction of the council or other legislative au-thority to proceed with any such improvement initi-ated by resolution shall be divested by a protest filed

420 [Ch. 128.

SESSION LAWS, 1921

with the council prior to the awarding of the con-tract for such improvement signed by the owners ofthree-fourths of the area within the limits of the pro-posed improvement district: Provided, further, Thatthe jurisdiction of the city commission in citiesorganized under the commission form of governmentpursuant to Chapter 116 of the Session Laws of 1911to proceed with any such improvement initiated byresolution shall be divested by a protest filed withthe commission prior to the awarding of the contractfor such improvement signed by the owners of one-half of the area within the limits of the proposed im-provement district. In the absence of fraud or grossmistake, such certificate of such board, officer orother authority shall be final and conclusive.

In computing the valuation of such property anynon-assessable property owned by the United States,state, county, city, town, school district or otherpublic corporation, shall be valued at the same rateas assessed property similarly situated.


Ch. 128.] 421

422 SESSION LAWS, 1921. [Ch. 129.

CHAPTER 129.[H. 3. 149.1

IRRIGATION DISTRICTS.

AN ACT relating to irrigation districts, to the organization andgovernment thereof, to the authorization, issue and sale ofbonds, the levy and collection of assessments, and providingfor the inclusion of public lands of the state in existing irri-gation districts and the exclusion of lands and former irriga-tion districts-from consolidated irrigation districts and thereestablishment of such former districts, providing for drain-age in irrigation districts and amending sections 6417, 6417-1,6418, 6419, 6426, 6427, 6428, 6430, 6431, 6432, 6433, 6435, 6436,6437, 6438, 6439, 6440, 6441, 6442, 6443, 6444, 6449, 6451, 6456,6457, 6457-2, 6457-3, 6457-4, 6457-5, 6457-6, 6457-7, 6462, 6464,6471, 6475, 6476, 6477, 6478, 6479, 6480, 6481, 6482, 6483, 6488,6489, 6491, 6493, of Remington & Ballinger's Annotated Codesand Statutes of the State of Washington, and adding theretonew sections to be numbered 6427-2 and 6427-3, and repealingsection 6432-1, 6432-2, 6432-3, 6432-4, 6432-5 and Chapter 154of the Laws of 1919.

Be it enacted by the Legislature of the State ofWashington.

SECTION 1. That Section 6417 of Rem. & Bal.Code be amended to read as follows:

Section 6417. For the purpose of organizing anProceedings irrigation district, a petition, signed by the requiredto establish.

number of holders of title or evidence of title to landwithin the proposed district, shall be presented to theboard of county commissioners of the county in whichthe lands, or the greater portion thereof, are situ-ated, which petition shall set forth and particularlydescribe the proposed boundaries of such district,and the number of directors, either three (3) or five(5), desired by such district, and shall pray that theterritory embraced within the boundaries of suchproposed district may be organized as an irrigationdistrict. The petition must be abcompanied by agood and sufficient bond, to be approved by theboard of county commissioners, in double the amountof the probable cost of organizing the district, and

SESSION LAWS, 1921.

conditioned that the bondsmen will pay all of thecosts in case such organization shall not be effected.Said petition shall be presented at a regular meet-ing of the said board, or at any special meeting or-dered to consider and act upon said petition, andshall be published once a week, for at least two weeksbefore the time at which the same is to be presented,in some newspaper of general circulation printedand published in the county where said petition isto be presented, together with a notice by the peti-tioners stating the time of the meeting at which thesame will be presented. There shall also be pub-lished a notice of the hearing on said petition in anewspaper published at Olympia, Washington, to bedesignated by the Hydraulic Engineer from year toyear until such time as the Director of Conservationand Development shall be appointed and qualifiedand assume and exercise the duties of his office afterwhich said newspaper shall be designated by saidDirector, which said notice shall be published for atleast two weeks prior to the date of said meetingand shall contain the name of the county or countiesand the number of each township and range in whichthe lands embraced within the boundaries of theproposed district are situated, also the time, placeand purpose for said meeting, which said notice shall.be signed by the petitioner whose name first appearsupon the said petition. If any portion of the landswithin said proposed district lie within anothercounty or counties, then the said petition and noticeshall be published for the time above provided inone newspaper printed and published in each of saidcounties. The said notice shall also be served byregistered mail at least two weeks before said hear-ing upon the State Hydraulic Engineer who shallsit with the Board of County Commissioners at thehearing upon said petition in an advisory capacity.When the petition is presented, the Board of County

Ch. 129.1 423

SESSION LAWS, 1921.

Commissioners shall hear the same, and may adjournsuch hearing from time to time, not exceeding fourweeks in all, and on the. final hearing may makesuch changes in the proposed boundaries as it mayfind to be proper and just, and shall establish anddefine the boundaries of the district: Provided, Thatsaid board shall not modify the boundaries so as toexcept from the operation of this chapter any terri-tory within the boundaries of the district proposedby said petitioners, which is susceptible of irrigationby the same system of works applicable to otherlands in such proposed district and for which a watersupply is available; nor shall any lands. which, inthe judgment of said board, will not be benefited beincluded within such district; any lands includedwithin any district which have a partial or full waterright shall be given equitable credit therefor in theapportionment of the assessments in this act pro-vided for: And provided further, That any owner,whose lands are susceptible of irrigation from thesame source, and in the judgment of the board it ispracticable to irrigate the same by the proposeddistrict system, shall, upon application to the boardat the time of the hearing, be entitled to have suchlands included in the district. The Board of CountyCommissioners shall, as soon as it has establishedthe boundaries of said proposed district, enter anorder establishing and defining such boundaries, andordering that directors for such district be electedfrom the district at large, and designating a name forthe proposed district, and calling an election to beheld in such proposed district for the purpose of de-termining whether or not the same shall be organ-ized under the provisions of this act, and for thepurpose of electing directors. The clerk of the Boardof County Commissioners shall then give notice ofthe election ordered to be held as aforesaid, whichnotice shall describe the district boundaries as estab-

424 [Ch. 129.

SESSION LAWS, 1921.

lished, and shall give the name by which said pro-posed district has been designated, and shall statethe purposes and objects of said election, and shallbe published once a week, for at least two weeksprior to said election, in a newspaper of generalcirculation published in the county where the peti-tion aforesaid was presented; and if any portion ofsaid proposed district lies within another county orcounties, then said notice shall be published in likemanner in a newspaper within each of said counties.Said election notice shall also require the electors tocast ballots which shall contain the words "Irriga-tion District-Yes," and "Irrigation District-No,"and also the names of persons to be voted for as di-rectors of the district: Provided, That where in thisact publication is required to be made in a newspaperof any county, the same may be made in a newspaperof general circulation in such county, selected by theperson or body charged with making the publicationand such newspaper shall be the official paper for.such purpose.

SEC. 2. That Section 641.7-1 of Rem. & Bal. Codebe amended to read as follows:

Section 6417-1. Whenever any state, granted, Inclusion of

school or other public lands of the state shall besituated in any irrigation district organized underthis act, such lands shall be subject to the provisionsof this act in the same manner in which lands of likecharacter held under private ownership are subjectthereto except as'hereinafter provided: Provided,That no state, granted, school or other public landsof the state shall be included in any such districtexcept upon the consent of the commissioner of pub-lic lands to the inclusion of such lands in such dis-trict, and he shall be served with a copy of thepetition proposing to include any such lands in anydistrict, together with notice of the time and placeof hearing the same, at least twenty days prior to

Ch. 129.] 425

SESSION LAWS, 1921.

such hearing, and if he shall determine that such.public lands. will be benefited by being included insuch district, he shall give his consent thereto inwriting or shall file with the board a statement ofhis objections thereto: Provided further, That anystate, granted, school or other public lands of thestate which are situated within the boundaries ofany irrigation district, but were not included withinsuch district at the time of its organizaton, may beso included in such district after a hearing as hereinprovided. Whenever the commissioner of publiclands or any interested person shall desire to havesuch lands included in the district, he shall file a re-quest to that affect in writing with the district board,which shall thereupon fix a time and place for hear-ing such request and cause a notice of the same tobe given by posting a copy of said notice in three (3)public conspicuous places in the district, one ofwhich shall be at the place of hearing, at least twenty(20) days before the hearing, and by mailing, byregistered mail, a copy of the notice to the commis-sioner of public lands. Said notice shall describethe lands to be included and direct all persons object-ing to such inclusion to appear at the time and placestated and present their objections. At said hearing,the district board shall consider all objections to suchinclusion and shall have the power to adjourn to alater date for cause and by resolution to determinethe matter. The determination of the district boardshall be final and conclusive upon all persons, exceptin no case shall any such lands be included in anydistrict without the written consent of the commis-sioner of public lands.

Upon the inclusion of any state, granted, schoolor other public lands of the state within the limitsof such organized district, the state shall be entitledto receive its proportion of water as in case of otherland owners upon payment by the state, as herein

426 [Ch. 129.

SESSION LAWS, 1921.

provided, of such sums as shall be determined by theboard of directors upon agreement with the commis-sioner of public lands, and at the time to be so fixed,which sums shall be such equitable amount as suchlands should pay having regard to the length oftime the district has been organized and to the pres-ent condition of the irrigation system, as well as toplacing said lands on the basis of equality withother lands in the district as to benefits received, andgiving credit, if equitable, for any sums paid aswater rent by the occupant of said lands prior tothe inclusion of same in the district, and such landsshall also become subject to all taxes and assess-ments of the district thereafter imposed.

Any public lands which shall be included in anyirrigation district shall not be sold for delinquencies,but immediately after the delinquency thereof, theamount of the assessment shall be certified by thecounty treasurer of the county in which the land issituated to the commissioner of public lands, whoseduty it shall be to certify the same to the State Audi-tor, who shall, at the next session of the Legislature,unless such assessment, or assessments, have beenpaid in the meantime, certify to the Legislature theamount of such assessments and the Legislatureshall provide for the payment of the same with in-terest by appropriation out of the general fund ofthe state, and the amount so paid shall be added tothe appraised value of the tract of land againstwhich the delinquent assessment was certified andshall be collected at the time and in the manner pro-vided in Section 4253 of Remington & Ballinger'sCode. The certificate of the county treasurer hereinprovided for shall contain (1) a description of thestate, school, or granted lands by legal subdivisions,(2) the amount of the assessment against each legalsubdivision separately stated.

Ch. 129.] 427

SEc. 3. That Section 6418 Rem. & Bal. Code beamended to read as follows:

Section 6418. For the purpose of the electionElections, above provided for, the Board of County Commis-how con-ducted. sioners must establish a convenient number of elec-

tion precincts in the proposed district and definethe boundaries thereof, and designate a polling placefor, and appoint the necessary election officers foreach of said precincts, but said precincts may there-after be changed by the board of directors of saiddistrict. Such election shall be conducted as nearlyas may be practicable in the manner provided in theelection of directors for the district: Provided, Thatwhere any non-assessable area is situated within theboundaries of any irrigation district, any notice, de-linquent list or other announcement required by thisact to be posted, may be so posted in such area, andany election held or to be held pursuant to the pro-visions of this chapter, may be held within such area.

The Board of County Commissioners shall meeton the second Monday next succeeding such electionand proceed to canvass the returns of the votes castthereat, and if upon such canvass it appears that atleast two-thirds of all the votes cast are "IrrigationDistrict Yes," the board shall, by an order enteredon its minutes, declare such territory duly organ-ized as an irrigation district, under the name andstyle theretofore designated, and shall declare thethree, or in case of five directors, then the five, per-sons receiving the highest number of votes to beduly elected directors of such district, and shallcause a copy of such order, duly certified, to be filedfor record in the offices of the county auditor andthe county assessor of each county in which any por-tion of the district may lie. From and after the dateof the filing of such order, the organization of thedistrict shall be complete and the directors thereofshall be entitled to enter immediately upon the duties


SESSION LAWS, 1921.

of their office, upon qualifying in accordance withlaw, and shall hold office until their successors areelected and qualfied. Immediately upon the filing ofsaid certified copy of said order, it shall be the dutyof the county assessor to write the name of the irri-gation district on the permanent tax roll in a columnprovided for that purpose opposite each descriptionof land, or any portion thereof, which is includedwithin the boundaries of said district. Said columnshall be carried forward each year on the currenttax roll. In the event of a change in the boundariesof any irrigation district, the assessor shall note thesame in said column upon the tax roll.

Any person of the age of twenty-one (21) years, Quaifica-tions of elec-

being a citizen of the United States and a resident tors.

of the State of Washington and who holds title toland or evidence of title to land embraced withinthe boundaries of any irrigation district, or proposedirrigation district, in the case of an election for theorganization thereof, shall be entitled to vote at anyelection held therein. Additional qualifications forvoting, required by the general election laws of thestate shall not apply, provided at all times the ma-jority of the board of directors shall be residentsof the county or counties within which the districtis situated; and if at any election more than oneelector residing outside of such county or countiesbe voted for, only that one of the non-resident can-didates who received the highest number of votesshall be considered in ascertaining and computing theresult of the election: And provided further, Thatwhere the title or evidence of title to communityland is held by' the husband or the wife, both mem-bers of such community shall be entitled to vote:Provided, That at any election held under the pro-visions of this act, one officer or agent of any corpo-ration owning land in the district, duly authorizedthereto in writing, may cast a vote on behalf of said

Ch. 129.] 429

corporation; when so voting he shall file with theelection officers such written instrument of his au-thority, and such officer or agent shall be deemed anelector within the meaning of this act. An electorresident within the district shall vote in the precinctin which he resides; and an elector not residing inthe district shall vote in the precinct nearest hisplace of residence.

SEc. 4. That Section 6419 of Rem. & Bal. Codebe amended to read as follows:

Section 6419. There shall be elected in each or-Directors, ganized irrigation district of this state, a board ofelection of.

directors who are electors of the district. An annualelection to the office of director shall be held on thesecond Tuesday of December of each and every year,and the term of each director shall be three yearsfrom and after the first Tuesday of January nextsucceeding his election: Provided, That the directorselected at any organization election called by theBoard of County Commissioners shall serve untilthe first Tuesday of January following the first an-nual election; and at the first annual election thereshall be elected three directors, if the board consistsof three directors, and the candidate receiving the'highest number of votes shall serve a term of threeyears next succeeding such election, the candidatereceiving the next highest number of votes shallserve a term of two years next -succeeding suchelection, and the candidate receiving the next high-est number of votes shall serve a term of one yearnext succeeding such election, and when a board offive directors exists, the two candidates receivingthe highest number of votes shall each serve a termof three years next succeeding such election, the twocandidates receiving the next highest number ofvotes shall each serve a term of two years next sue-ceeding such election, and the candidate receivingthe next highest number of votes shall serve for a

'430 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

term of one year next succeeding such election, oruntil a successor is elected and qualified. Whenevera district now organized desires to increase the num-ber of its board of directors, such question shall besubmitted to the electors at a regular election, andat the same time two directors shall be elected toserve as such in the event the electors by majorityof votes cast at such election increase the numberof said board. The person receiving the highestnumber of votes for the office of director at said elec-tion shall serve for the three year term next suc-ceeding and the person receiving the next highestnumber of votes shall serve for a term of two years.In case of any vacancy occurring in the office ofdirector, such vacancy shall be filled by appoint-ment by the Board of County Commissioners of thecounty in which the proceedings for the organizationof the district were had, and the person so appointedshall serve until the next annual election of directors,when an election by the district shall be had to fillthe vacancy for the remainder of the unexpiredterm. Each director shall take and subscribe an Oath and

bond.official oath for the faithful discharge of the dutiesof his office, and shall execute an official bond to thedistrict in the sum of twenty-five hundred dollars($2500.00), conditioned for the faithful discharge ofthe duties of his office, which bond shall be approvedby the judge of the superior court of the countywhere the organization of the district was effected,and said oath and bond shall be recorded in the officeof the county clerk of said county and filed with thesecretary of the board of directors. The secretaryof the district shall take and subscribe a written oathof office and execute an official bond in the sum ofnot less than twenty-five hundred dollars ($2500.00)to be fixed by the board of directors, and which saidbond shall be approved and filed as in the case ofthe bond of a director: Provided, That in case any

Ch. 129.] 43,

irrigation district is appointed fiscal agent of theUnited States, or is authorized by the United Statesin connection with any irrigation project in whichthe United States isinterested, to make collectionsof money for or on behalf of the United States, suchsecretary and each such director and the countytreasurer shall each execute a further additionalofficial bond in such sum, respectively, as the secre-tary of the interior may require, conditioned for the

.faithful discharge of the duties of his respectiveoffice, and the faithful discharge by the district ofits duties as fiscal or other agent of the UnitedStates in such appointment or authorization; suchadditional bonds to be approved, recorded and filedas herein provided for other official bonds, and anysuch additional bonds may be sued upon by theUnited States or any person injured by the failure ofsuch officer or the district to fully, promptly andcompletely perform their respective duties; thebonds executed by the said officers shall be securedat the cost of the district.


Section 6426. The directors of the district shallOrganization organize as a board and shall elect a president fromand meet-ings of board their number, and appoint a secretary, who shallof directors.I

keep a record of their proceedings. The office ofthe directors and principal place of business of thedistrict shall be at some place in the county in whichthe organization was affected, to be designated bythe directors. The directors shall hold a regularmonthly meeting at their office, on the first Tuesdayin every month, or on such other day in each monthas the board shall direct in their bylaws, and mayadjourn any meeting from time to time as may berequired for the proper transaction of business.Special meetings may be called at any time by orderof a majority of the directors, but in case all di-

432 SESSION LAWS, 1921. (Ch. 129.

SESSION LAWS, 1921.

rectors do not join in said order, the secretary shallgive the members not joining, five (5) days' noticeof such meeting, which notice shall specify whatbusiness shall be transacted, and none other thanthat specified shall be transacted at such specialmeeting: Provided, That if all members of the boardare present, no order for said special meeting shallbe necessary and any business may be transactedat such special meeting as could be transacted at aregular meeting. All meetings of the directors mustbe public. A majority of the directors shall consti-tute a quorum for the transaction of business, andin all matters requiring action by the board there*shall be a concurrence of at least a majority of thedirectors. All records of the board shall be open tothe inspection of any electors during business hours.The board shall have the power, and it shall be itsduty, to adopt a seal of the district, to manage andconduct the business and affairs of the district, tomake and execute all necessary contracts, to employand appoint such agents, officers and employees asmay be necessary and prescribe their duties, and toestablish equitable by-laws, rules and regulationsfor the government and management of the district,and for the equitable distribution of water to thelands within the district, upon the basis of the bene-ficial use thereof, and generally to perform all suchacts as shall be necessary to fully carry out the pro-visions of this chapter, including the acquisition,construction and. operation and maintenance ofdrainage works and wasteways: Provided, That allwater, the right to the use of which is acquired bythe district under any contract with the UnitedStates shall be distributed and apportioned by thedistrict in accordance with the acts of Congress, andrules and regulations of the secretary of the interioruntil full reimbursement has been made to theUnited States, and in accordance with the provisions

Ch. 129.] 433

of said contract in relation thereto. The by-laws,rules and regulations must be printed in convenientform for distribution in the district. All leases, con-tracts, or other form of holding any interest in anystate or other public lands shall be, and the same arehereby declared to be title to and evidence of title tolands and for all purposes within this act, shall betreated as the private property of the lessee orowner of the contractual or possessory interest:Provided, That nothing in this section shall be con-strued to affect the title of the state or other publicownership, nor shall any lien for such assessment at-tach to the fee-simple title of the state or otherpublic ownership. The board of directors shall haveauthority to develop and to sell, lease, or rent theuse of water or power derived from the operationof the district irrigation or drainage works for de-livery to occupants of public or other lands situatedwithin or adjacent to the district, or to municipalcorporations, at such prices and on such terms as itdeems best: Provided, No water or power shall befurnished for use outside of said district until all de-mands and requirements for water and power for usein. said district are furnished and supplied by saiddistrict: And provided further, That as soon as anypublic lands situated within the limits of the districtshall be acquired by any private person, or held un-der any title of private ownership, the owner thereofshall be entitled to receive his proportion of wateras in case of other land owners, upon payment by him

* of such sums as shall be determined by the board,and at the time to be fixed by the board, which sumsshall be such equitable amount as such lands shouldpay having regard to placing said lands on the basisof equality with other lands in the district as to bene-fits received, and giving credit if equitable for anysums paid as water rent by the occupant of saidlands prior to the vesting of private ownership, and

SESSION LAWS, 1.921. [Ch. 129.434

SESSION LAWS, 1921.

such lands shall also become subject to all taxes andassessments of the district thereafter imposed.


Section 6427. The board, and its agents and em- Powers ofboard of

ployees, shall have the right to enter upon any land directors.

to make surveys, and may locate the necessary irri-gation or drainage works, power plants, power sitesor power lines and the line for any canal or canals,and the necessary branches of laterals for the same,on any lands which may be deemed best for suchlocation. Said board shall also have the power toacquire, either by purchase or condemnation, or otherlegal means, all lands, waters, water rights, and otherproperty necessary for the construction, use, sup-ply, maintenance, repair and improvements of saidcanal or canals and irrigation and drainage works,including canals and works constructed or being con-structed by private owners, or any other person,lands for reservoirs for the storage of needful watersand all necessary appurtenances. The board mayalso construct the necessary dams, reservoirs andworks for the collection of water for the said district,and may enter into contracts for a water supply tobe delivered to the canals and works of the district,and do any and every lawful act necessary to be donein order to carry out the the purposes of this act;and in carrying out the aforesaid purposes the bondsof the district may be used by the board, at not lessthan ninety per centum of their par value in pay-ment. The board may enter into any obligation orcontract with the United States or with the State ofWashington for the supervision of the construction,for the construction, reconstruction, betterment, ex-tension, sale or purchase, or operation and mainte-nance of the necessary works-for the delivery anddistribution of water therefrom under the provisionsof the State Reclamation Act, or under the provisions

Ch. 129.] 435

SESSION LAWS, 1921.

of the Federal Reclamation Act, and all amendmentsor extensions thereof, and the rules and regulationsestablished thereunder, or it may contract with theUnited States for a water supply or for reclamationpurposes in general under any Act of Congresswhich, for the purposes of this act, shall be deemedto include any Act of Congress for reclamation pur-poses heretofore or hereafter enacted providing forand permitting such contract, or for the collectionof money due or to become due to the United States,or for the assumption of the control and manage-ment of the works; and in case contract has been ormay hereafter be made with the United States, asherein provided, bonds of the district may be de-posited with the United States as payment or assecurity for future payment at not less than ninetyper centum of their par value, the interest on saidbonds to be provided for by assessment and levy asin the case of other bonds of the district, and regu-larly paid to the United States to be applied asprovided in such contract, and if bonds of the districtare not so deposited, it shall be the duty of the boardof directors to include as part of any levy or assess-ment provided in Section 6437 of Remington & Bal-linger's Annotated Code and Statutes of Washing-ton an amount sufficient to meet each year all pay-ments accruing under. the terms of any such contract.The board may accept on behalf of the district ap-pointment of the district as fiscal agent of the UnitedStates or the State of Washington or other authori-zation of the district by the United States or theState of Washington to make collections of moneyfor or on behalf of the United States or the State ofWashington in connection with any federal or otherreclamation project, whereupon the district, and thecounty treasurer for the district, shall be authorizedto so act and to assume the duties and liability inci-dent to such action, and the said board shall have

436 [Ch. 129.

SESSION LAWS, 1921.

full power to do any and all things required by thefederal statutes now or hereafter enacted in connec-tion therewith, and all things required by the rulesand regulations now or that may hereafter be estab-lished by any department of the federal governmentin regard thereto.

The use of all water required for the irrigation ofthe lands within any district, together with rights-of-way for canals, laterals, ditches, sites for reser-voirs, power plants, sites, and lines, and all otherproperty required in fully carrying out the purposesof the organization of the district is hereby declaredto be a puiblic use; and in condemnation proceedingsto acquire any property or property rights for theuse of the district, the board of directors shall pro-ceed in the name of the district, in the manner pro-vided in this state in cases of appropriation of lands,real estate and other property by private corpora-tions: Provided, That the irrigation district, at itsoption, pursuant to resolution to that end dulypassed by its board of directors may unite in a singleaction proceedings for the acquisition and condemna-tion of different tracts of land needed by it forrights-of-way for canals, laterals, power plants, sites,and lines and other irrigation works which are heldby separate owners. And the court may, on the mo-tion of any party, consolidate into a single actionseparate suits for the condemnation of rights-of-wayfor such irrigation works whenever from motivesof economy or the expediting of business it appearsdesirable so to do: Provided further, That thereshall be a separate finding of the court or jury as toeach tract held in separate ownership.

In any condemnation proceeding brought underthe provisions of this act to acquire canals, lateralsand ditches and rights-of-way therefor, sites, reser-voirs, power plants and pumping plants and sitestherefor, power canals, transmission lines, electrical

Ch. 129.] 437

equipment and any other property, and if the owneror owners thereof or their predecessors shall haveissued contracts or deeds agreeing to deliver to theholders of said contracts or deeds water for irriga-tion purposes, or authorizing the holders thereof totake or receive water for irrigation purposes fromany portion of said property or works, and if thedelivery of said water or the right to take or receivethe same shall in any manner constitute a chargeupon, or a right in the property and works soughtto be acquired, or any portion thereof, the districtshall be authorized to institute and maintain saidcondemnation proceedings for the purpbse of ac-quiring said property and works, and the interestof the owners therein subject to the rights of theholders of such contracts or deeds, and the court orjury making the award shall determine and award tosuch owner or owners the value of the interest to beso appropriated in said condemnation proceedings.

-Spc. 7. That Section 6428 of Rem. & Bal. Codebe amended to read as follows:

Section 6428. The title to all property acquiredTitle toproperty, under the provisions of this chapter shall imme-in whomvested. diately, and by operation of law, vest in such irriga-

tion district and shall be held by such district intrust for, and is hereby dedicated and set apart tothe uses and. purposes set forth in this chapter; andsaid board is hereby authorized and empowered tohold, use, acquire, manage, occupy and possess saidproperty as herein provided: Provided, however,

Conveyance That any property so acquired by the district may beto United

tts or conveyed to the United States, or the State of Wash-ington, in so far as the same may be for the benefit ofthe district under any contract that may be enteredinto with the United States, or the State of Washing-ton, pursuant to this act.

The title acquired by an Irrigation District underthe provisions of this act shall be the fee simple title

438 ,SESSION LAWS, 1921. ECh. 129.

SESSION LAWS, 1921.

or such lesser estate as shall be designated in the de-cree of appropriation.

SEC. 8. That Seetion 6430 of Rem. & Bal. Codebe amended to read as follows:

Section 6430. For the purpose of construction, Bond issues,elections for.

reconstruction, betterment, extension or acquisitionof the necessary property and rights therefor, andotherwise carrying ouit the provisions of this chapter,the board of directors of any such district must, assoon after such district has been organized as maybe practicable, and whenever thereafter the boarddeems it necessary or expedient to raise additionalmoney for said purpose, estimate and determine theamount of money to be raised, and shall immediatelythereafter call a special election. At such electionshall be submitted to the electors of said districtpossessing the qualifications prescribed by this chap-ter the question of whether or not the bonds of saiddistrict in the amount and of the maturities deter-mined by the board of directors shall be issued.Bonds issued under the provisions of this act shallbe serial bonds payable in Gold Coin of the UnitedStates in such series and amounts as shall be deter-mined and declared by the board of directors in theresolution calling the election: Provided, That thefirst series shall mature not later than ten yearsand the last series not later than forty years fromthe date thereof.

Notice of such election must be given by postingnotices in three public places in each election pre-cinct in said district for at least twenty days, andalso by publication of such notice in some newspaperpublished in the county where the office of the boardof directors of such district is required to be kept,once a week for at least three successive weeks. Suchnotices must specify the time of holding the election,and the amount and maturities of bonds proposed tobe issued; and said election must be held and the re-

Ch. 129.] 439

sults thereof determined and declared in all respectsas nearly as practicable in conformity with the pro-visions of this chapter governing the election of theofficers: Provided, That no informality in conduct-ing such election shall invalidate the same, if theelection shall have been otherwise fairly conducted.At such election the ballots shall contain the words"Bonds Yes" and "Bonds No,"'or words equivalentthereto. If a majority of the votes cast are cast"Bonds Yes," the board of directors shall there-upon have authority to cause bonds in said amountand maturities to be issued. If the majority of thevotes cast at any bond election are "Bonds No," theresult of such election shall be so declared and en-tered of record; but if contract is made or is to be

Submission made with the United States as in Section 6427of questionof U. s. con- provided, and bonds are not to be deposited withtracts. the United States in connection with such con-

tract, the question submitted at such special elec-tion shall be whether contract shall be enteredinto with the United States. The notice of elec-tion shall state under the terms of what act oracts of Congress contract is proposed to be made,and the maximum amount of money payable to theUnited States for construction purposes exclusiveof penalties and interest. The ballots for such elec-tion shall contain the words "Contract with theUnited States Yes" and Contract with the UnitedStates No," or words equivalent thereto. Andwhenever thereafter said board, in its judgment,deems it for the best interest of the district that thequestion of issuance of bonds for said amount, orany amount, or the question of entering into a con-tract with the United States, shall be submitted tosaid electors, it shall so declare, by resolution re-corded in its minutes, and may thereupon submitsuch question to said electors in the same mannerand with like effect as at such previous election. All

440 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

bonds issued under this act shall bear interest atsuch rate not exceeding 6o per annum as the boardof directors may determine, payable semi-annuallyon the first day of January and July of each year.The principal and interest shall be payable at theoffice of the county treasurer of the county in whichthe office of the board of directors is situated, or ifthe board of directors shall so determine at thefiscal agency of the State of Washington in NewYork City, said place of payment to be designatedin the bond. Said bonds shall be each of the denomi- Form and

contents ofnation of not less than one hundred nor more than bonds.

one thousand dollars; shall be negotiable in form,signed by the president and secretary, and the sealof the district shall be affixed thereto: Provided,That if an issue of bonds having been authorized atan election, shall remain, in whole or in part, unsold,and a subsequent issue shall be authorized pursuantto the provisions of this act, said subsequent authori-zation shall operate to cancel and nullify the pre-vious authorization, except as to such bonds as mayhave been issued and sold under said previous au-thorization and the board of directors shall be au-thorized to exchange bonds issued under said newauthorization for bonds issued and sold under saidprevious authorization at the fair market value ofsaid new issue, and in that event the bonds pre-viously issued and sold shall be surrendered to theboard and cancelled. Provided further, That wherebonds have been authorized and unsold, the board ofdirectors may submit to the qualified voters of thedistrict the question of cancelling said previous au-thorization, which question shall be submitted uponthe same notice and under the same regulations asgovern the submission of the original question ofauthorizing a bond issue. At such election the bal-lots shall contain the words "Cancellation Yes,"and "Cancellation No," or words equivalent thereto..

Ch. 129.] 441

SESSION LAWS, 1921.

If at such election a majority of the votes shall be"Cancellation Yes,". the said issue shall be therebycancelled and no bonds may be issued thereunder. Ifthe majority of said ballots shall be "CancellationNo," said original authorization shall continue inforce with like effect as though said cancellation elec-tion had not been held: Provided, That bonds de-posited with the United States in payment or. inpledge may call for the payment of such interest notexceeding six per cent per annum, may be of such de-nominations, and call for the repayment of the prin-cipal at such times as may be agreed upon betweenthe board and the Secretary of the Interior.

Each issue shall be numbered consecutively as is-sued, and the bonds of each issue shall be numberedconsecutively and bear date at the time of their issue.Coupons for the interest shall be attached to eachbond, signed by the president of the board and thesecretary. The signatures of the president and sec-retary may, however, appear by lithographic fac-simile. Said bonds shall express upon their face thatthey were issued by authority of this act, stating itstitle and date of approval, and shall also state thenumber of issue of which such bonds are a part. Thesecretary shall keep a record of bonds sold, theirnumber, the date of sale, the price received and thename of the purchaser. In case the money receivedby the sale of all bonds issued be insufficient for thecompletion of plans of the canals and works adopted,and additional bonds be not voted, or a contract call-ing for additional payment to the United States benot authorized and made, as the case may be, it shallbe the duty of the board of directors to provide forthe completion of said plans by levy of assessmentstherefor. It shall be lawful for any irrigation dis-tricts which have heretofore issued and sold bondsunder the law then in force, to issue in place thereofan amount of bonds not in excess of such previous is-

442 [Ch. 129.

SESSION LAWS, 1921.

sue, and to sell the same, or any part thereof, as here-inafter provided, or exchange the same, or any partthereof, with the holders of such previously issuedbonds which may be outstanding, upon such terms asmay be agreed upon between the Board of Directorsof the district and the holders of such outstandingbonds: Provided, That the question of such re-issue Reissue of

of bonds shall have been previously voted uponfavorably by the legally qualified electors of such dis-trict, in the same manner as required for the issue oforiginal bonds, and the said board shall not exchangeany such bonds for a less amount in par value of thebonds received; all of such old issue in place of whichnew bonds are issued shall be destroyed wheneverlawfully in possession of said board. Bonds issuedunder the provisions of this section may, when so au-thorized by the electors, include a sum sufficient topay the interest thereon for a period not exceedingthe first four years.

SEC. 9. That Section 6431 of Rem. & Bal. Codebe amended to read as follows:

Section 6431. The board may sell the bonds of Sale orpledge of

the district or pledge the same to the United States bonds.

from time to time in such quantities as may be nec-essary and most advantageous to raise money forthe construction, reconstruction, betterment or ex-tension of such canals and works, the acquisition ofsaid property and property rights, the assumption ofindebtedness to the United States for the districtlands, and otherwise to fully carry out the objectsand purposes of the district organization, and maysell such bonds, or any of them, at private sale when-ever the board deems it for the best interest of thedistrict so to do. The board of directors shall alsohave power to sell said bonds, or any portion therof,at private sale, and accept in payment therefor, prop-erty or property rights, labor and material necessary

Ch. 129.]1 443

[Ch. 129.

for the construction of its proposed canals or irri-gation works, power plants, power sites and lines inconnection therewith, whenever the board deems itfor the best interests of the district so to do. If theboard shall determine to sell the bonds of the dis-trict, or any portion therof, at public sale, the secre-tary shall publish a notice of such sale for at leastthree (3) weeks in such newspaper or newspapers asthe board may order. The notice shall state thatsealed proposals will be received by the board, at itsoffice, for the purchase of the bonds to be sold, untilthe day and hour named in the notice. -At the timenamed in the notice, the board shall open the pro-posals and award the purchase of the bonds to thehighest responsible bidder and may reject all bids:Provided, That such bonds shall not be sold for lessthan ninety per cent of their face value: And pro-vided further, That the proceeds of all bonds sold forcash must be paid by the purchaser to the countytreasurer of the county in which the office of theboard is located, and credited to the bond fund.


Section 6432. Said bonds and interest thereonBonds and and all payments due or to become due to the Unitedinterest, howpaid. States or the State of Washington under any con-

tract between the district and the United States orthe State of Washington accompanying which bondsof the district have not been deposited with theUnited States or the State of Washington, as in Sec-tion 6427 of Remington & Ballinger's -AnnotatedCodes and Statutes of Washington provided, shall bepaid by revenue derived from an annual assessmentupon the real property of the district, and all thereal property in the district shall be and remainliable to be assessed for such payments until fullypaid as hereinafter provided. And in addition to


SESSION LAWS, 1921.

this provision and the other provisions herein madefor the payment of said bonds and interest thereonas the same may become due, said bonds, or the con-tract with the United States or the State of Wash-ington accompanying which bonds have not been de-posited with the United States or the State of Wash-ington, shall become a lien upon all the water rightsand other property acquired by any irrigation dis-trict formed under the provisions of this chapter,and upon any canal or canals, ditch or ditches,flumes, feeders, storage reservoirs, machinery andother works and improvements acquired, owned orconstructed by said irrigation district, and if defaultshall be made in the payment of the principal of saidbonds or interest thereon, or any payment requiredby the contract with the United States, or the Stateof Washington, according to the terms thereof, theholder of said bonds, or any part thereof or theUnited States or the State of Washington as the casemay be, shall have the right to enter upon and takepossession of all the water rights, canals, ditches,flumes, feeders, storage reservoirs, machinery, prop-erty and improvements of said irrigation district,and to hold and control the same, and enjoy therents, issues and profits thereof, until the lien herebycreated can be enforced in a civil action in the samemanner and under the same proceedings as given inthe foreclosure of a mortgage on real estate. Thissection shall apply to all bonds heretofore issued orany contract heretofore made with the United States,or which may hereafter be issued or made by anydistrict.


Section 6433. Assessments made in order to Assessments,

carry out the purposes of this act shall be made in when made.

proportion to the benefits accruing to the lands as-

Oh. 129.] 445

SESSION LAWS, 1921.

sessed and equitable credit shall be given to the landshaving a partial or full water right: Provided, Thatnothing herein shall be construed to affect or impairthe obligation of any existing contract providing fora water supply to lands so assessed, unless the rightunder such contract shall first have been acquired bysaid district, and in acquiring such rights, the dis-trict may exercise the right of eminent domain. Thesecretary must, between the first Monday in Marchand the first Tuesday in September in each year, toand including the year 1923, and between the firstMonday in March and the first Tuesday in Novemberbeginning with the year 1924 and each year there-after, prepare an assessment roll with appropriateheadings in which must be listed all the lands withinthe district. In such book must be specified, in sep-arate columns, under the appropriate headings:

FIRST, the name of the person to whom theproperty is assessed. If the name is not known tothe secretary, the property shall be assesed to "un-known owners."

SECOND, Land by township, range, section orfractional section, and when such land is not a legalsubdivision, by metes and bounds, or other descrip-tion sufficient to identify it, giving an estimate of thenumber of acres, city and town lots, naming the cityor town, and the number and block according to thesystem of numbering in such city or town.

THIRD, In further columns with appropriateheadings shall be specified the ratio of benefits, or,when deemed by the secretary more practicable, theper acre value, or the amount of benefits, for generaland special district and local improvement districtpurposes, and the total amount assessed against eachtract of land.

Any property which may have escaped assess-ment for any year or years, shall in addition to the

[Ch. 129.446

SESSION LAWS, 1921.

assessment for the then current year, be assessed forsuch year or years with the same effect and with thesame penalties as are provided for such current yearand any property delinquent in any year may be di-rectly assessed during the current year for any ex-penses caused the district on account of such de-linquency.

Where the district embraces lands lying in morethan one county the assessment roll shall be so ar-ranged that the lands lying in each county shall besegregated and grouped according to the county inwhich the same are situated.


Section 6435. On or before the first Tuesday in Equalizationof assess-

September in each year to and including the year ments, notice

1923, and on or before the first Tuesday in Novemberbeginning with the year 1924 and each year there-after, the secretary must complete his assessmentroll and deliver it to the board, who must immedi-ately give a notice thereof, and of the time the boardof directors, acting as a board of equalization willmeet to equalize assessments, by publication in anewspaper published in each of the counties com-prising the district. The time fixed for the meetingshall not be less than twenty nor more than thirtydays from the first publication of the notice, and inthe meantime the assessment roll must remain in theoffice of the secretary for the inspection of all per-sons interested.


Section 6436. Upon the day specified in the ofuauzaion

notice required by the preceding section for the meet- i foreet-ing, the board of directors, which is hereby consti-tuted a board of equalization for that purpose, shallmeet and continue in session from day to day as long

Ch. 129.]1 447

as may be necessary, not to exceed ten days, exclu-sive of Sundays, to hear and determine such objec-tions to the said assessment roll as may come beforethem; and the board may change the same as may bejust. The secretary of the board shall be presentduring its session, and note all changes made at saidhearing; and on or before the 30th day of Octoberin each year to and including the year 1923, and onor before the 15th day of January beginning withthe 1925 and each year thereafter he shall have theassessment roll completed as finally equalized by theboard.


Section 6437. The Board of Directors shall inAmount of each year before said roll is delivered by the secre-levy.

tary to the respective county treasurers, levy an as-sessment sufficient to raise the ensuing annual inter-est on the outstanding bonds, and all payments dueor to become due in the ensuing year to the UnitedStates or the State of Washington under any con-tract between the district. and the United States orthe State of Washington accompanying which bondsof the district have not been deposited with theUnited States or the State of Washington as in thisact provided. Beginning in the year preceding thematurity of the first series of the bonds of any issue,the board must from year to year increase said as-sessment for the ensuing years in an amount suffi-cient to pay and discharge the outstanding bonds asthey mature. Similar levy and assessment shall bemade for the expense fund which shall include oper-ation and maintenance costs for the ensuing year.The Board shall also at the time of making the an-nual levy, estimate the amount of all probable de-linquencies on said levy and shall thereupon levy asufficient amount to cover the same and a further

448 SESSION LAWS, 1.921. [Ch. 129.

SESSION LAWS, 1921.

amount sufficient to cover any deficit that may haveresulted from delinquent assessments for any pre-ceding year.

It shall also be the duty of the board when mak-ing the levy in the years 1921, 1922 and 1923 to takeinto account the change of dates in the year 1924 andthereafter, and the board shall add a sufficientamount to the assessments levied in those years totake care of all obligations maturing before the duedate of the assessment levied in 1924. The assess-ments, when collected by the county treasurer, shallconstitute a special fund, or funds, as the case maybe, to be called respectively, the "Bond Fund of

.Irrigation District," the "ContractFund of .............. Irrigation District," the"Expense Fund of .............. Irrigation Dis-trict," and " Coupon Warrant Fund of.....Irrigation District": Provided, That in districtsacting as fiscal agent for the United States or theState of Washington such assessments may also bepaid to the secretary of such districts when so au-thorized by the Board of Directors and under suchrules and regulations as the board may adopt. TheSecretary shall issue a receipt for such paymentsand shall be accountable on his official bond for thesafe keeping of such funds and shall remit the same.at least once each month to the treasurer of thecounty wherein the land is located on which paymentwas made. Upon receipt of such funds the countytreasurer shall issue his official receipt therefor inlike manner as though payment had been made directto him by the land owner.

In case of neglect or refusal of the board of di- Failure tomake assess-

rectors to cause such assessment or levy to be made ment or levy.

as herein provided, then the assessment shall bemade, equalized and levied by the board of county

-15

449.Ch. 129.]

commissioners of the county in which the office ofthe board of directors is situated, and said board ofcounty commissioners shall cause an assessment rollfor the said district to be prepared and make the levyrequired by this chapter in the same manner and withlike effect as if the same had been made by the saidboard of directors, and all expenses incident theretoshall be borne by the district. In case of neglect orrefusal of the secretary of the district to perform theduties imposed by law, then the treasurer of thecounty in which the office of the board of directors issituated must perform such duties, and shall be ac-countable therefor, on his official bond, as in othercases.

At the time of making the annual levy in the yearpreceding the final maturity of any issue of districtbonds, the board of directors shall levy a sufficientamount to pay and redeem all bonds of said issuethen remaining unpaid.


Section 6438. The assessment upon real propertyLien ofassess- shall be a lien against the property assessed, fromment. and after the first Monday in March in the year in

which it is levied, but as between grantor and granteesuch lien shall not attach until the first day in No-vember of such year, until and including the year1923 and the first Monday in February of the year1925 and each year thereafter, which lien shall beparamount and superior to any other lien thereto-fore or thereafter created, whether by mortgage orotherwise, except for a lien for prior assessments andfor general taxes, and such lien shall not be removeduntil the assessments are paid or the property soldfor the payment thereof as provided by law. Andthe lien for the bonds of any issue shall be a pre-ferred lien to that of any subsequent issue. Also the

450 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

lien for all payments due or to become due under anycontract with the United States, or the State ofWashington accompanying which bonds of the dis-trict have not been deposited with the United Statesor the State of Washington, as in Section 6427 ofRemington & Ballinger's Annotated Codes and Stat-utes of Washington provided, shall be a preferredlien to any issue of bonds subsequent to the date ofsuch contract.


Section 6439. On or before the first day of No- Collection ofassessments,

vember in each year to and including the year 1923, notice.

and on or before the fifteenth day of January in theyear 1925, and each year thereafter the secretarymust deliver the assessment roll or the respectivesegregations thereof to the county treasurer of eachrespective county in which the lands therein de-scribed are located, and said assessments shall onthat date become due and payable. Within twentydays thereafter the respective county treasurersshall each publish a notice in a newspaper publishedin their respective counties in which any portion ofthe district may lie, that said assessments are dueand payable at the office of -the county treasurer ofthe county in which said land is located and will be-come delinquent at 5 o'clock in the afternoon of the31st day of December next thereafter in each yearto and including the year 1923 unless sixty per' centthereof shall then have been paid, and that if this[is] allowed to become delinquent, a penalty of fiveper cent thereof will be added to the amount thereof,and if sixty per cent thereof be paid on or before thesaid 31st day of December, the remainder thereof willnot become delinquent until April 30th next follow-ing: Provided, That beginning with the year 1925and each year thereafter, said notice shall state that

Ch. 129.]1 451

452 SESSION LAWS, 1921. [Ch. 129.

said assessments will become delinquent at 5 o'clockin the afternoon of the 31st day of May next there-after unless fifty per cent thereof shall then havebeen paid, and that if thus allowed to become de-linquent, a penalty of five per cent thereof will beadded to the amount thereof, and if fifty per centthereof be paid on or before the said 31st day of May,the remainder thereof will not become delinquentuntil November 30th next following. The notice shallbe published once a week for four successive weeksand shall be posted within said period of twenty daysin some public place in said district.

Upon receiving the assessment roll, the countytreasurer shall prepare therefrom an assessmentbook in which shall be written the description of theland as it appears in the assessment roll, the nameof the owner or owners where known, and if assessedto unknown owners, then the word "unknown," andthe total assessment levied against each tract ofland. Proper space shall be left in said book for theentry therein of all subsequent proceedings relatingto the payment and collection of said assessment.

Upon the payment of any assessment the countytreasurer must enter the date of said payment insaid assessment book opposite the description of theland and the name of the person paying and give areceipt to such person specifying the amount of theassessment and the amount paid with the descriptionof the property assessed. On the 31st day of IDe-cember of each year to and including the year 1923unless sixty per cent shall have been paid as afore-said, and on the 31st day of May in the year 1925 andeach year thereafter unless fifty per cent shall havebeen paid as aforesaid, all unpaid assessments aredelinquent, and thereafter the treasurer of thecounty in which the land is located must collectthereon for the use of the district the aforesaid

penalty of five per cent and interest at the rate oftwelve per cent per annum from the date of de-linquency.

It shall be the duty of the county treasurer of thecounty in which any land in the district is located tofurnish upon request of the owner, or any person in-terested, a statement showing any and all assess-ments levied as shown by the assessment roll in hisoffice upon land described in such request, and allstatements of general taxes covering any land in thedistrict shall be accompanied by a statement showingthe condition of irrigation district assessmentsagainst such lands: Provided, That the failure ofthe county treasurer to render any statement hereinrequired of him shall not render invalid any assess-ments made by any irrigation district or proceedingshad for the enforcement and collection of irrigationdistrict assesments pursuant to this act.

It shall be the duty of the county treasurer of anycounty, other than the county in which the office ofthe board of directors is located, to make monthlyremittances to the county treasurer of the county inwhich the office of the board of directors is locatedcovering all amounts collected by him for the irriga-tion district during the preceding month.


Section 6440. On or before the first day of Feb- Publicat ion

ruary in each year to and including the year 1924, quency list,how made.

the county treasurer of the county in which the landis located shall cause to be posted the delinquencylist, which must contain the names of the personsand a description of the property delinquent, and theamount of the assessments and costs due, oppositeeach name and description, in all cases where pay-ment of sixty per cent (60%0) of the assessmenthas not been made on or before the 31st day

453SESSION LAWS, 192L.Ch. 129.]

SESSION LAWS, 1921.

of December, next preceding; likewise on or be-fore May 15th in each year to and includingthe year 1924, he must cause to be posted thedelinquency list of all persons delinquent inthe payment of the instalment of forty per cent(40%) as in this act provided. Also, on or beforethe 30th day of June, beginning with the year 1925and each year thereafter, he must post the delin-quency list, made up as aforesaid, in all cases wherepayment of fifty per cent (50%) of the assessmenthas not been made on or before the 31st day of Maynext preceding: likewise, on or before the 15th dayof December beginning with the year 1925 and eachyear thereafter, he must post the delinquency list ofall persons delinquent in the payment of the final in-stalment of fifty per cent (50%) as in this act pro-vided. He must append to and post with the delin-quency list a notice that unless the assessment de-linquent, together with costs and percentages, arepaid the real property upon which such assessmentsare a lien will be sold at public auction. The saidnotice and delinquent list shall be posted at leasttwenty days prior to the time of sale. One copythereof shall be posted in the office of the countytreasurer making the collection, one copy in theoffice of the board of directors and three copies inpublic places in each of the established voting pre-cincts within the portion of said district lying in saidcounty. Concurrent as nearly as possible with thedate of the posting aforesaid, the said county treas-urer shall publish a list of the places where saidnotices are posted, and in connection therewith anotice that unless delinquent assessments, togetherwith costs and percentages, are paid, the real prop-erty upon which such assessments are a lien will besold at public auction. Such notices must be pub-lished once a week for three successive weeks in a

[Ch. 129.454

SESSION LAWS, 1921.

newspaper of general circulation published in thecounty within which the land is located. But saidnotice of publication need not comprise the delin-qiient list where the same is posted as herein pro-vided. Both notices must designate the time andplace of sale. The time of sale must not be less thantwenty-one nor more than twenty-eight days fromdate of posting and from the date of the first pub-lication of the notice thereof, and the place must beat some point designated by the treasurer.

SEC. 18. That Section 6441 Rem. & Bal. Code beamended to read as follows:,

Section 6441. The treasurer of the county in Sales, when

which the land is situated shall conduct the sale of made.

all lands situated therein and must collect in additionto the assessments due as shown on the delinquentlist, five per cent of the amount thereof. On the dayfixed for the sale, or some subsequent day to whichhe may have postponed it, of which postponementhe must give notice at the time of making such post-ponement. and between the hours of 10:00 o'clockA. M. and 3 o'clock P. M. the county treasurer mak-ing the sale must commence the same beginning atthe head of the list, and continuing alphabetically orin the numerical order of the parcels, lots or blocks,until completed. He may postpone the day of com-mencing the sale, or the sale from day to day, bygiving oral notice thereof at the time of postpone-ment, but the sale must be completed within threeweeks from the first day fixed.


Section 6442. The owner or person in posses- Sales, howconducted,

sion of any real estate offered for sale for assess- certificate.

ments due thereon may designate in writing to thecounty treasurer by whom the sale is to be made, andprior to the sale, what portion of the property he

Ch. 129.1 45i

SESSION LAWS, 1921.

wishes sold, if less than the whole; but if the owneror possessor does not, then the treasurer may desig-nate it, and the person who will take the least quan-tity of the land, or in case an undivided interest isassessed, then the smallest portion of the interest,and pay the assessment and costs due, including$1.00 to the treasurer for duplicate of the certificateof sale, is the purchaser. The treasurer shall ac-count to the district for said $1.00. If the purchaserdoes not pay the assessment and costs before 10:00o'clock A. M. the following day, the property mustbe re-sold on the next sale day for the assessmentsand costs. In case there is no purchaser in goodfaith for the same on the first day that the propertyis offered for sale, and if there is no purchaser ingood faith when the property is offered thereafterfor sale, the whole amount of the property assessedshall be struck off to the irrigation district as thepurchaser, and the duplicate certificate shall be de-livered to the secretary of the district, and filed byhim in. the office of the district. No charge shall bemade for the duplicate certificate where the districtis the purchaser, and in such case the treasurer shallmake an entry, "Sold to the district," and he .willbe credited with the amount thereof in settlement.An irrigation district, as a purchaser at said sale,shall be entitled to the same rights as a private pur-chaser, and may assign or transfer the certificate ofsale upon the payment of the amount which wouldbe due if redemption were being made by the owner.If no redemption is made of land for which an irri-gation district holds a certificate of purchase, thedistrict will be entitled to receive a treasurer's deedtherefor in the same manner as a private personwould be entitled thereto and may convey the titleso acquired, by deed, executed and acknowledged bythe president and secretary of the board: Provided,

[Ch. 129.4,56

SESSION LAWS, 1921.

That authority to so convey must be conferred byresolution of the board, entered on its minutes, fix-ing the price at which such sale may be made, andsuch conveyance shall not be made for a less sumthan the reasonable market value of such property.

Provided further, That when lands shall havebeen deeded by the county treasurer to the districtand if title shall remain vested in the district, and inthe judgment of the board of directors, said saleshall have resulted from unavoidable accident, in-advertency, or misfortune and without intent on thepart of the owner or person entitled to make redemp-tion, to permit said assessments to become delin-quent and the land to be sold, the board of directorsmay, pursuant to an order entered upon the minutesof the board, cause said land to be re-conveyed tothe owner or person entitled to redemption withinthe period of one year after need is issued, upon thepayment by the owner or person who would havebeen entitled to make redemption before deed, ofthe total amount of the assessments, penalty, costsof sale and interest at the rate of twelve per cent perannum, current assessments, and an additional pen-alty of twenty-five per cent of the amount for whichthe land was sold: Provided further, That this actshall apply to all sales made to an irrigation districtprior to the date when this act becomes effective andthe owner or other person rightfully seeking redemp-tion thereof, shall be entitled to the benefit of thisprovision until one year subsequent to the date whenthis act becomes effective.

After receiving the amount of assessments andcosts, the county treasurer must make out in dupli-cate a certificate, dated on the day of sale, stating(when known) the names of the persons assessed, adescription of the land sold, the amount paid there-for, that it was sold for assessments, giving the

Ch. 129.] 457

amount and the year of assessment, and specifyingthe time when the purchaser will be entitled to adeed. The certificate must be signed by the treasurermaking the sale and one copy delivered to the pur-chaser, and the other filed in the office of the countytreasurer of the county in which the land is situated:Provided, That upon the sale of any lot, parcel, ortract of land not larger than an acre, the fee for aduplicate certificate shall be twenty-five cents (25c)and in case of a sale to a person or a district, of morethan one parcel or tract of land, the several parcelsor tracts may be included in one certificate.


Section 6443. The county treasurer, before de-a e, kereor livering any certificate must file the same and enter

in the assessment book opposite the description ofthe land sold, the date of sale, the purchaser's nameand the amount paid therefor, and must regularlynumber the description on the margin of the assess-ment book and put a corresponding number on eachcertificate. Such book must be open to public in-spection without fee during office hours,.when not inactual use.

On filing the certificate of sale as provided in thepreceding paragraph the lien of the assessment vestsin the purchaser and is only divested by the paymentto the county treasurer making the sale of the pur-chase money and one per cent per month from theday of sale until redemption for the use of the pur-chaser.

SEc. 21. That.Section 6444 of Rem. & Bal. Codebe amended to read as follows:

Section 6444. A redemption of the property soldRedemption, may be made by the owner or any person on behalfwhen made,deed, and in the name of the owner or by any party in in-

terest within two years from the date of purchase,

458 SESSION LAWS, 1921. [Ch. 129.

by paying the amount of the purchase price and in-terest, and the amount of any assesments which suchpurchaser may have paid thereon after purchase byhim and during the period of redemption in this sec-tion provided, together with like interest on suchamount, and if the irrigation district is the pur-chaser, the redemptioner shall pay in addition to thepurchase price and interest, the amount of any as-sessments levied against said land* during the periodof redemption. Redemption must be made in goldor silver coin, as provided for the collection of stateand county taxes, and the county treasurer mustcredit the amount paid to the person named in thecertificate and pay it on demand to such person orhis assignee. No redemption shall be made exceptto the county treasurer of the county in which theland is situated.

Upon completion of redemption the county treas-urer to whom redemption has been made shall enterthe word "redeemed," the date of redemption andby whom redeemed on the certificate and on themargin of the assessment book where the entry ofthe certificate is made. If the property is not re- Deed to pur-

chaser.deemed within two years from the sale the countytreasurer of the county in which the land sold is sit-uated must make to the purchaser, or his assigneesa deed of the property, reciting in the deed substan-tially the matters contained in the certificate, andthat no person redeemed the property during thetime allowed by law for its redemption. The treas- Fee.

urer shall receive from the purchaser, for the useof the district, one dollar ($1.00) for making suchdeed: Provided, If redemption is not made of anylot, parcel or tract of land not larger than one acre,the fee for a deed shall be twenty-five cents (25c) andwhen any person or district holds a duplicate cer-tificate covering more than one tract of land, the


several p'arcels, or tracts of land, mentioned in thecertificate may be included in one deed.


Coupons and Section 6449. Upon the presentation of the cou-bonds, whenpaid. pons due to the treasurer of said county, he shall pay

the same from the bond fund belonging to such dis-trict and deposited with such treasurer. Whenever,after ten years from the issuance of said bonds, saidfund shall amount to the sum of ten thousand dol-lars, the board of directors may direct the treasurerto pay such an amount of said bonds not due as themoney in said fund will redeem, at the lowest valueat which they may be offered for liquidation, afteradvertising in some daily newspaper for such periodof time not less than four weeks as the board shallorder for sealed proposals for the redemption of saidbonds. Said proposals shall be opened by the boardin open meeting, at a time to be named in the notice,and the lowest bid for said bonds must be accepted:Provided, That no bond shall be redeemed under theforegoing provision at a rate above par. In case thebids are equal, the lowest numbered bond shall havethe preference. In case none of the holders of saidbonds shall desire to have the same redeemed, asherein provided for, said money shall be invested bythe treasurer of said county, under the direction ofthe board, in United States gold bearing bonds, orthe bonds of the State, which shall be kept in saidbond fund, and may be used to redeem said districtbonds whenever the holders thereof may desire.


Treasurer of Section 6451. The county treasurer of the countydistrict.in which is located the office of any irrigation district

Receipts and shall be and is hereby constituted ex-officio districtdisburse-ments treasurer of said district, and any county treasurer

460 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

collecting or handling funds of the district shall beliable upon his official bond and to criminal prosecu-tion for malfeasance and misfeasance, or failure toperform any duty herein prescribed as county treas-urer or district treasurer, as is provided by law inother cases as county treasurer. It shall be the dutyof the county treasurer of each county, in whichlands of the district are located, to collect and receiptfor all assessments and taxes levied as in this chapterprovided. There shall be deposited with the countytreasurer of the county in which the office of theboard of directors is located, all sums collected forthe defraying of the expenses of the district, whethersaid sums are collected by tolls, assessments or spe-cial assessments, and they shall be placed by the saidcounty treasurer in the expense fund of the district.The said county treasurer shall also keep such otherfunds as may be required by law governing irrigationdistricts, or provided for by this chapter, and shallplace therein moneys collected for said funds. Thecounty treasurer shall pay out the moneys receivedor deposited with him or any portion thereof, uponwarrants drawn on the several funds, signed by thepresident and countersigned by the secretary of thedistrict, except the sums to be paid out of the bondfund upon the coupons or bonds presented to thetreasurer. The said treasurer shall report, in writ-ing, on the first Monday in each month to the boardof directors of the district, the amount of money heldby him, the amount in each fund, the amount of re-ceipts for the month preceding in each fund, and theamount or amounts paid out of each fund, and saidreport shall be filed with the secretary of the board.The secretary shall also report to the board, in writ-ing on the first Monday in each month, the amountdeposited with the county treasurer belonging to thedistrict during the preceding month, the amount of

Ch. 129.] 461

receipts for the month preceding and the amount anditems of expenditures during the preceding month,and said report shall be filed in the office of the board.


Section 6456. The board of directors may, at anySpecial as- time when in their judgment it may be advisable, callsessments,how levied: a special election and submit to the qualified electors

of the district the question whether or not a specialassessment shall be levied for the purpose of raisingmoney to be applied to any of the purposes providedin this chapter including any purpose for which thebonds of the district or the proceeds thereof mightbe lawfully used. Such election must be called uponthe notice prescribed, and the same shall be held andthe result thereof determined and declared in allrespects in conformity with the provisions of Section6430. The notice must specify the amount of moneyproposed to be raised and the purpose for which it isintended to be used and the number of installmentsin which it is to be paid. At such election the ballotshall contain the words "Assessment Yes" and"Assessment No." If the majority of the votes castare "Assessment Yes" the board may immediatelyor at intervals thereafter incur indebtedness to theamount of said* special assessment for any of thepurposes for which the proceeds of said assessmentmay be used, and may provide for the payment ofsaid indebtedness by the issue and sale of couponnotes of the district to an amount equal to saidauthorized indebtedness, which coupon notes shallbe payable in such equal installments not exceedingthree in number as the board shall direct. Saidcoupon notes shall be payable by assessments leviedat the time of the regular annual levy each yearthereafter until fully paid. The amount of the as-sessments to be levied shall be ascertained by adding

462 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

fifteen per cent for [the] anticipated delinquencies tothe whole amount of the indebtedness incurred andinterest. Each assessment so levied shall be com-puted and entered on the assessment roll by the sec-retary of the board, and collected at the same timeand in the same manner as other assessments pro-vided for herein, and when collected shall be paidto the county treasurer of the county to the creditof said district, for the purposes specified in thenotice of such special election: Provided, however,That the board of directors may at their discretionissue said coupon notes in payment for labor ormaterial, or both, used in connection with the pur-poses for which such indebtedness was authorized.Coupon notes issued under this section shall bearinterest at a rate not to exceed eight per cent perannum, payable semi-annually.

SEC. 25. That section 6457 of Rem. & Bal. Codebe amended to read as follows:

Section 6457. The board of directors or other Excess lia-bility void,

officers of the district shall have no power to incur exceptions.

any debt or liability whatsoever either by issuingbonds or otherwise in excess of the express pro-visions of this chapter: Provided, That the boardmay without an election and levy therefor pay thenecessary costs and expenses of organizing and maymake surveys, do engineering work, and conduct ageneral investigation to determine the feasibility ofthe proposed irrigation project, and may incur anindebtedness therefor prior to levy, which indebted-ness on account of surveys, engineering and investi-gations shall not exceed fifty cents (50c) an acre,and shall be assessable against the lands within thedistrict; and any such indebtedness heretofore in-curred by any-irrigation district and any such assess-ments levied or collected for surveys, engineeringand investigation purposes are hereby ratified and

Ch. 1,29.] 463

validated. In cases of emergency making it neces-sary to incur indebtedness in order to continue theoperation of the irrigation system or any part there-of, the board of directors may incur such indebt-edness not exceeding such amount as shall beactually necessary to meet the requirements of saidemergency, the same to be declared in a resolutionof the board adopted prior to the incurring of saidindebtedness: Provided further, That the board mayincur such indebtedness as shall be necessary toenable them to carry on the ordinary administrativeaffairs of the district and if the district shall acquirean irrigation system prior to the making of its firstregular annual levy, the board shall have power toincur such indebtedness as shall be necessary to paythe ordinary expenses of operation and maintenanceuntil the regular annual levy shall be made.

The board may cause warrants of the district toWarrants. be issued for the payment of any indebtedness in-

curred under this section, which warrants shall bearinterest at a rate not to exceed eight per cent perannum, and it shall be the duty of the board toinclude in their next annual levy for the paymentof the expenses of operation and maintenance, theamount of all warrants issued by virtue of this sec-tion.

Notwithstanding anything in this act containedthe board of directors of every irrigation districtshall have the power to issue as a general obligationof such district, coupon warrants in denominationsnot in excess of $500, bearing interest evidencedby coupons payable semi-annually not' to exceedeight per cent (8o) per annum. Such warrantsshall mature in not more than five (5) years andmay be used, or the proceeds thereof, in the pur-chase of grounds and buildings, machinery, vehicles,tools or other equipment for use in operation, main-

464 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

tenance, betterment, reconstruction or local improve-ment work, and for creating a revolving fund forcarrying on such work as in this act provided. Theproceeds of such warrants shall be turned over tothe treasurer of the district who shall place the samein an appropriate fund and pay out the same uponwarrants of the irrigation district properly drawnthereon. The maximum indebtedness hereby author-ized shall not exceed one dollar ($1.00) per acreof the total irrigable area within such irrigationdistrict. No warrant shall be sold for less than par.Such warrants shall state on their face that they area general obligation of the irrigation district, thepurposes for which they may be used, and that theyare payable on or before maturity. They shall beretired by assessments levied in accordance with theprovisions of this act at the time other assessmentsare levied.

The board of directors of every irrigation district 4apta1shall also be authorized in its discretion to accumu-late by assessment a fund to be designated andknown as the "Capital Fund" to be used for thepurposes for which the aforesaid warrants may beused. The total of such fund shall not exceed onedollar ($1.00) per acre of the total irrigable areawithin such irrigation district and shall be accumu-lated in not less than five (5) annual installments.Such fund shall not be permanently depleted orreduced but shall be replaced from year to year byassessments on any lands of the district benefitedby the use thereof. The reasonable value of allgrounds, buildings, machinery, vehicles, tools orother equipment on hand, purchased with such fund,and the revolving fund, if any, derived from suchfund, shall be construed and deemed a part of suchcapital fund.

Ch. 129.] 4(5

SEc. 26. That section 6457-2 of Rem. & Bal. Codebe amended to read as follows:

Section 6457-2. In the event that the said boardPeton for shall approve said petition, the board shall fix alocal im-provenent, time and place for the hearing thereof and shall pub-notice andhearing. lish a notice once a week for two consecutive weeks

preceding the date of such hearing and the last pub-lication shall not be more than seven (7) days beforesuch date. Such notice must be published in anewspaper of general circulation in each county inwhich any portion of the land proposed to be includedin such local improvement district lies. Such noticeshall state that the lands within said describedboundaries are proposed to be organized as a localimprovement district, stating generally the nature ofthe proposed improvement; that bonds for such localimprovement district are proposed to be issued asthe bonds of the irrigation district, that. the landswithin said local improvement district are to be as-sessed for such improvement and stating a time andplace of hearing thereon. At the time and place ofhearing named in said notice, all persons interestedmay appear before the board and show cause for oragainst the formation of the proposed improvementdistrict and the issuance of bonds as aforesaid. Uponthe hearing the board shall determine as to theestablishment of the proposed local improvementdistrict. Any land owner whose lands can be servedor will be benefited by the proposed improvement,may make application to the board at the time ofhearing to include such land and the board of di-rectors in such cases shall, at its discretion, includesuch lands within such district. The board of di-rectors may exclude any land specified in said noticefrom said district provided, that in the judgmentof the board, the inclusion thereof will not be practi-cable.

466 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

As an alternative plan and subject to all of theprovisions of this chapter, the board of directorsmay initiate the organization of a local improve-ment district as herein provided. To so organizea local improvement district the board shall adoptand record in its minutes a resolution specifying thelands proposed to be included in such local improve-ment district or by describing the exterior bound-aries of such proposed district or by both. Saidresolution shall state generally the plan, characterand extent of the proposed improvements, that theland proposed to be included in such improvementdistrict will be assessed for such improvements; thatcoupon bonds of the irrigation district will be issuedto meet the cost thereof and that such bonds willbe a primary obligation of such local improvementdistrict and a general obligation of the irrigation

district. Said resolution shall fix a time and placeof hearing thereon and shall state that unless amajority of the holders of title or of evidence oftitle to lands within the proposed local improvementdistrict file their written protest at or before saidhearing, consent to the improvement will be implied.

A notice containing a copy of said resolutionmust be published once a week for two consecutiveweeks preceding the date of such hearing and thelast publication shall not be more than seven (7) daysbefore such date and the hearing thereon shall notbe held in less than twenty (20) days from the adop-tion of such resolution. Such notice must be pub-lished in one newspaper, of general circulation, ineach county in which any portion of the land pro-posed to be included in such local improvement dis-trict lies. Said hearing shall be held and all subse-quent proceedings conducted in accordance with theprovisions of this act relating to the organization

.467Ch. 129.]

of local improvement districts initiated upon peti-tion.


Section 6457-3. If decision shall be rendered inAdoption of favor of the improvement, the board shall enter anplans.

order establishing the boundaries of the said im-provement district and shall adopt plans for theproposed improvement and determine the numberof annual installments not exceeding fifteen (15)in which the cost of said improvement shall be paid.The cost of said improvement shall be provided for

Bond issue. by the issuance of local improvement district couponbonds of the district from time to time, theref or,either directly for the payment of the labor and ma-terial or for the securing of funds for such purpose.Said bonds shall bear interest at a rate not to exceedeight per cent (8o) per annum, payable semi-an-nually, evidenced by coupons, and shall state upontheir face that they are issued as bonds of the irri-gation district; that all lands within said local im-provement district shall be primarily liable to as-sessment for the principal and interest of said bondsand that said bonds are also a general obligation ofthe said district. No bond shall be issued in denomi-nation exceeding one thousand dollars ($1,000.00)

and no bond shall be sold for less than par.No election shall be necessary to authorize the

issuance of such local improvement bonds. Suchbonds, when issued, shall be signed by the presidentand secretary of the irrigation district with the sealof said district affixed and shall be registered bythe treasurer of the irrigation district with his sealaffixed..

The proceeds from the sale of such bonds shallbe deposited with the treasurer of the district, whoshall place them in a special fund designated " Con-


SESSION LAWS, 1921.

struction fund of local improvement district num-ber........."

Whenever such improvement district has been Extension ofboundaries.

organized, the boundaries thereof may be enlargedto include other lands which can be served or willbe benefited by the proposed improvement upon peti-tion of the owners thereof: Provided, That at suchtime the lands so included shall pay their equitableproportion upon the basis of benefits of the improve-ment theretofore made by the said local improve-ment district and shall be liable for the indebtednessof the said local improvement district in the sameproportion and same manner. and subject to assess-ment as if said lands had been incorporated in saidimprovement district at the beginning of its organi-zation.


Section 6457-4. The cost of said improvement Specialassessments.

shall be especially assessed against the lands withinsuch local improvement district in proportion tothe benefits accruing thereto, and shall be levied andcollected in the manner in this act provided for theassessments of construction costs. -

All provisions in this chapter contained for theassessment, equalization, levy and collection of as-sessments for irrigation district purposes shall beapplicable to assessments for local improvementsexcept that no election shall be required to authorizesaid improvement or the expenditures therefor orthe bonds issued to meet the cost thereof. Assess-ments when collected by the county treasurer forthe payment for the improvement of any local im-provement district shall constitute a special fundto be called "bond redemption fund of local improve-ment district No.........

Ch. 129.]1 469

The cost or any unpaid portion thereof, of anysuch improvement, charged or to be charged orassessed against any tract of land may be paid inone payment by the owner or any one acting forhim, under and pursuant to such rules as the boardof directors may adopt, and all such amounts shallbe paid over to the county treasurer who shall placethe same in the appropriate fund. No such paymentshall thereby release such tract from liability toassessment for deficiencies or delinquencies of thelevies in such improvement district until all of thebonds, both principal and interest, issued for suchlocal improvement district have been paid in full.The receipt given for any such payment shall havethe foregoing provision printed thereon. Theamount so paid shall be included on the annual as-sessment roll for the current year, provided, suchroll has not then been delivered to the treasurer,with an appropriate notation by the secretary thatthe amount has been paid. If the roll for that yearhas been delivered to the treasurer then the pay-ment so made shall be added to the next annual as-sessment roll with appropriate notation that theamount has been paid.

SEC. 29. That section 6457-5 of Rem. & Bal. Codebe amended to read as follows:

Section 6457-5. In the event of the failure ofPayment of the lands within the local improvement district tobonds.

furnish money sufficient for the payment of principalor interest of the bonds for such local improvementwork and there shall be a default in the paymentof principal or interest as aforesaid, the amountdelinquent shall be paid by the general warrants ofthe irrigation district at large, but the lands of thelocal improvement district shall not thereby becomereleased from liability for special assessment there-for. Such warrants, if issued, shall be redeemed as


SESSION LAWS, 1921.

soon as there shall be available money in the bond re-demption fund of the local improvement district.

SEc. 30. That section 6457-6 of Rem. &.Bal. Codebe amended to read as follows:

Section 6457-6. It shall be lawful for any irriga- Refundingbonds.

tion district which has issued local improvement dis-trict bonds for said improvements, as in this chapterprovided, to issue in place thereof an amount of gen-eral bonds of the irrigation district not in excess ofsuch issue of local improvement district bonds, andto sell the same, or any part thereof, or exchangethe same, or .any part thereof, with the holders ofsuch previously issued local improvement districtbonds for the purpose of redeeming said bonds:Provided, however, That all the provisions of thischapter regarding the authorization and issuing ofbonds shall apply, and: Providing, further, That theissuance of said bonds shall not release the lands ofthe local improvement district or districts from lia-bility for special assessments for the payment there-of: And provided further, That the lien of anyissue of bonds of the district prior in point of timeto the issue of bonds or local improvement districtbonds herein provided for, shall be deemed a priorlien.

SEC. 31. That section 6457-7 of Rem. & Bal. Codebe amended to read as follows:

Section 6457-7. Any irrigation district may con- Contractswith U. S. or

tract with the United States, or the State of Wash- state for im-provement.

ington, for local improvement work, and for suchpurpose may form local improvement districts asherein provided.

Authorization of local improvement district bondsor of contract with the United States, or the Stateof Washington, for local improvement work maybe confirmed in the same manner as provided in seetions 6490 to 6494, inclusive.

Ch. 129.]1 471


Section 6462. The boundaries of any irrigation

Chng district now or hereafter organized under the provi-sions of this chapter may be changed in the mannerherein prescribed, but such change of the boundariesof the district shall not impair or affect its organi-zation, or its rights in or to property, or any ofits rights or privileges of whatsoever kind or nature;nor shall it affect, impair or discharge any contract,obligation, lien or charge for or upon which it wasor might become liable or chargeable, had suchchange of its boundaries not been made, except ashereinafter expressly in section 6475 prescribed:Provided, That in case contract has been made be-tween the district and the United States, or the Stateof Washington, as in section 6427 provided, nochange shall be made in the boundaries of the dis-trict, and the board of directors shall make no orderchanging the boundaries of the district until thesecretary of the interior, or the'state reclamationboard, or the director of conservation and develop-ment shall assent thereto in writing and such assentbe filed with the board of directors.

SEc. 33. That section 6464, Rem. & Bal. Code, beamended to read as follows:

Section 6464. The secretary of the board ofNotice ofpetition. directors shall cause a notice of the filing of such

petition to be posted and published in the same man-ner and for the same time that notice of specialelections for the issue of bonds are required by thischapter to be given. The notice shall state the filingof such petition and the names of the petitioners,a description of the lands mentioned in said petition,and the prayer of said petition, and it shall notifyall persons interested in or that may be affected bysuch change of the boundaries of the district to ap-


SESSION LAWS, 1921.

pear at the office of said board at a time named insaid notice, and show cause in writing, if any theyhave, why the change in the boundaries of said dis-trict, as proposed in said petition, should not bemade. The time to be specified in the notice at whichthey shall be required to show cause shall be theregular meeting of the board next after the expira-tion of the time for the publication of the notice.The petitioners shall advance to the secretary suffi-cient money to pay the estimated costs of all pro-ceedings under this chapter.

SEc. 34. That section 6471, Rem. & Bal. Code, beamended to read as follows:

Section 6471. Upon a change of the boundaries Record ofchange of

of a district being made, a copy of the order of the boundary.

board of directors ordering such change, certifiedby the president and secretary of the board, shallbe filed for record in the offices of county auditorand county assessor of each county within which aresituated any of the lands of the district, and there-upon the district shall be and remain an irrigationdistrict, as fully and to every intent and purposeas if the lands which are included in the district bythe change of the boundaries as aforesaid had beenincluded therein at the original organization of thedistrict.

SEC. 35. Tha't section 6475 of Rem. & Bal. Codebe amended to read as follows:

Section 6475. The boundaries of any irrigation Exclusion of8land fromdistrict or consolidated irrigation district, now or district.

hereafter organized under the provisions of thischapter, may be changed, and tracts of land whichwere included within the boundaries of such dis-trict, or former irrigation districts which were in-cluded within the boundaries of such consolidateddistrict, at or after its organization under the pro-visions of this chapter, may be excluded therefrom

Ch. 129.] 473

in the manner herein prescribed; but neither suchchange of the boundaries of the district or consoli-dated district, nor such exclusion of lands from thedistrict, nor such exclusion of a former district froma consolidated district, shall impair or affect itsorganization or the rights of the district in or toproperty, except that all property of a consolidateddistrict, the title to which was derived from a formerdistrict by, and at the time of, the consolidation shallrevert to and become the property of such formerdistrict when re-established as herein provided; norshall it affect, impair or discharge any contract, ob-ligation, lien, or charge for or upon which such dis-trict or such consolidated district was or mightbecome liable or chargeable had such changeof its boundaries not been made, or had not anysuch land been excluded from such district, or anysuch former district been excluded from such con-solidated district, unless the holders of such lien,obligation, charge or contract right chargeableagainst the district, or consolidated district consentto such exclusion in the manner hereinafter providedin section 6480 for the consent of the bondholders.

SEc. 36. That section 6476 of Rem. & Bal. Codebe amended to read as follows:

Section 6476. The owner or owners in fee of onePetition for or more tracts of land which constitute a portion ofexclusion.

an irrigation district, or fifty or a majority of theholders of title to lands constituting any portion ofan irrigation district, or consolidated district as thecase may be, for which lands similar grounds forexclusion may exist, or fifty or a majority of theholders of title to lands which constituted a formerirrigation district included with a consolidated dis-trict, may file with the board of directors of such dis-trict, or of such consolidated district, as the casemay be, a petition praying that such tracts, and any

474 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

other tracts contiguous thereto, or such land whichconstituted such former district, may be excludedand taken from said district, or consolidated district,as the case may be, and in the latter case that suchformer district may be re-established. The petitionfor the exclusion of tracts of land from a districtshall describe the boundaries of the land which thepetitioners desire to have excluded from the district,and also describe the land of such of said petitionerswhich are included within such boundaries; but thedescription of such lands need not be more particularor certain than is required when the lands are en-tered in the assessment book by the county assessor.The petition for the exclusion of a former districtfrom a consolidated district shall give the corporatename and number of such former district and shalldescribe the lands of each of said petitioners by legalsub-division or lot and block numbers and name ofcity, town or addition of platted lands. Every suchpetition must be acknowledged in the same mannerand form as is required in case of a conveyance ofland, and the acknowledgment shall have the sameforce and effect as evidence as the acknowledgmentof such conveyance.


Section 6477. The secretary of the board of etinfor

directors shall cause a notice of the filing of such exclusion.

petition to be published for at least two weeks insome newspaper published in the county where theoffice of the board of directors is situated, and if anyportion of such territory to be excluded lies withinanother county or counties, then said notice shall beso published in a newspaper published within eachof said counties; or if no newspaper be publishedtherein, then by posting such notice for the sametime in at least three public places in said district,

Ch. 129.] 475

and in case of the posting of said notices, one of saidnotices must be so posted on the lands, or within theboundaries of the former district, proposed to beexcluded. The notice shall state the filing of suchpetition, the names of the petitioners, a descriptionof the lands, or the name and number of the formerdistrict, mentioned in said petition, and the prayerof said petition; and it shall notify all persons inter-ested in or that may be affected by such change ofthe boundaries of the district to appear at the officeof said board at a time named in said notice, andshow cause in writing, if any they have, why thechange of the boundaries of said district, as pro-posed in said petition, should not be made. The timeto be specified in the notice at which they shall berequired to show cause shall be the regular meetingof the board next after the expiration of the time forthe publication of the notice.

SEC. 38. That section 6478 of Rein. & Bal. Codebe amended to read as follows:

Section 6478. The board of directors, at the timeHearing of and place mentioned in the notice, or at the time orpetition.

times to which the hearing of said petition may beadjourned, shall proceed to hear the petition, and allobjections thereto presented in writing, by any per-son showing cause, as aforesaid, why the prayer ofsaid petition should not be granted. The failure ofany person interested in said district or consolidateddistrict to show cause, in writing, why the tract ortracts of land mentioned in said petition should notbe excluded from said district, or the former districtmentioned should not be excluded from the consoli-dated district, as the case may be, shall be deemedand taken as an assent by him to such exclusion, andthe filing of such petition with such board, as afore-said, shall be deemed and taken as an assent by eachand all of such petitioners to such exclusion.


SESSION LAWS, 1921.


Section 6479. The board of directors, if they Board mayexclude

deem it not for the best interest of the district, or lands, when.

consolidated district, as the case may be, that thelands, or the former district, mentioned in the peti-tion, or some portion thereof, should be excludedfrom said district, or consolidated district, shallorder that said petition be denied; but if they deemit for the best interests of the district, or consolidateddistrict, as the case may be, that the lands, or theformer district, as the case may be, be excluded fromthe district, or consolidated district, and if no personinterested in the district shows cause, in writing, whythe prayer of the petition should not be granted, orif having shown cause withdraws the same, and also,if there be no outstanding bonds of the district, andno contract between the district and the UnitedStates, or the state of Washington, then the boardmay order that the lands mentioned in the petition,or some defined portion thereof, or the former dis-trict mentioned in the petition, be excluded from thedistrict, or consolidated district, as the case may be,and the former district be re-established.


Section 6480. If there be outstanding bonds of Assen 1rwhen re-the district, or consolidated district, as the case may quired.

be, or if such district shall have entered into a con-tract with the United States, or the State of Wash-ington, then the board may adopt a resolution to theeffect that the board deems it to the best interest ofthe district that the lands mentioned in the petition,or some portion thereof, or the former district men-tioned in the petition, as the case may be, should beexcluded from the district, or consolidated district,and the former district re-established. The resolu-

Ch. 129.1 477

tion shall describe such lands so that the boundariescan readily be traced, or shall give the corporatename and number of the former district. The holdersof such outstanding bonds may give their assent, inwriting, to the effect that they severally consent thatthe board may make an order by which the lands, orthe former district, mentioned in the resolution maybe excluded from the district, and in case contracthas been made with the United States, or the state ofWashington, the Secretary of the Interior, or theState Reclamation Board, or the Director of Conser-vation and Development may assent to such change.The assent must be acknowledged by the severalholders of such bonds in the same manner and formas is required in case of a conveyance of land, andthe acknowledgment shall have the same force andeffect, as evidence, as the acknowledgment of suchconveyance. The assent of the Secretary of the In-terior need not be acknowledged. The assent shallbe filed with the board, and in the office of the countyclerk in each county comprised within the districtand must be recorded in the minutes of the board;and said minutes, or certified copy thereof, shall beadmissible in evidence with the same effect as thesaid assent; but if such assent of the bondholders,and in case of contract with the United States, or thestate of Washington, such assent of the Secretary ofthe Interior, or the state reclamation board or thedirector of conservation and development, be notfiled, the board shall deny and dismiss said petition.


Section 6481. If the assent aforesaid of theElection to holders of said bonds be filed and entered of recordexclude land.

as aforesaid, and if there be objections presented byany person showing cause as aforesaid, which havenot been withdrawn, then the board may order an

478 SESSION LAWS, 1921. [Ch. 129.

SESSION LAWS, 1921.

election to be held in each district to determinewhether an order shall be made excluding said landfrom said district, or excluding said former districtfrom said consolidated district, as the case may be,and such former district be re-established, as men-tioned in said resolution. The notice of such electionshall describe the boundary of all lands, or shall givethe corporate name and number of the former dis-trict, which it is proposed to exclude, and such noticeshall be published for at least two weeks prior to suchelection, in a newspaper published within the countywhere the office of the board of directors is situated;and if any portion of such territory to be excludedlie within another county or counties, then said noticeshall be so published in a newspaper published withineach of such counties. Such notice shall require theelectors to cast ballots, which shall contain the words"For exclusion" and "Against exclusion", or wordsequivalent thereto. Such election shall be conductedin the manner prescribed in this chapter for theholding of special elections on the issuance of bonds.In every case where the petition is for the exclusionof a former district from a consolidated district theresolution of the board ordering an election shallprovide for the holding of such election separatelyin the territory comprising such former district andin the territory comprising that portion of the con-solidated district not included in such former dis-trict, and for canvassing and counting of the votescast at such election separately.


Section 6482. If at any such election a majority Action ofboard upon

of all the votes cast shall be against exclusion the result ofelection.

board shall deny and dismiss said petition and pro-ceed no further in said matter; but if in the case of apetition for the exclusion of lands from a district a

Ch. 129.3 479

SESSION LAWS, 1921.

majority of such votes be in favor of the exclusionof said lands from the district, the board shall there-upon order that the said lands mentioned in saidresolution be excluded from the district; if in thecase of a petition for the exclusion of a former dis-trict from a consolidated district, a majority of thevotes cast in such former district shall be againstexclusion, or a majority of the votes cast in the re-maining portion of the consolidated district shall beagainst exclusion, the board shall deny and dismissthe petition and proceed no further in the matter;but if in the case of a petition for such exclusion ofa former district a majority of the votes cast in suchformer district and a majority of the votes cast inthe remaining portion of the consolidated districtshall be in favor of the exclusion of such former dis-trict, the board shall thereupon order that the landscomprising such former district be excluded from-the consolidated district and that such former dis-trict shall be and is re-established as an irrigationdistrict created and established under the provisionof this chapter and that the title to all propertyfomerly belonging to, and all property within theboundaries of said former district, shall be and isvested in such re-established district, and shall callan election to be held in such re-established districtfor the election of a board of directors thereof, anddirect the publication of notices of such election inthe manner provided in this chapter for the publica-tion of notice of special elections. The board enteringsuch order shall continue to administer the affairs ofsuch re-established district until the directors electedat such election shall have qualified.

The said order excluding land from a districtshall describe the boundaries of the district, shouldthe exclusion change the boundaries of the district,and in case of the exclusion of a former district from

[Ch. 129.480

a consolidated district, shall describe the boundariesof the re-established district and the boundaries ofthe district remaining; and for that purpose theboard may cause a survey to be made of such por-tions of the boundaries as the board may deemnecessary.


Section 6483. Upon the entry in the minutes of Orders to berecorded.the board of any of the orders hereinbefore men-tioned, a copy thereof, certified by the president andthe secretary of the board, shall be filed for recordin the offices of the county auditor and the countyassessor of each county within which are situatedany of the lands of the district, and thereupon saiddistrict, and said consolidated district and said re-established district, if any, shall each be and remainan irrigation district as fully, as to every intent andpurpose, as it would be had no change been made inthe boundaries thereof, or had the lands excludedtherefrom never constituted a portion thereof.


Section 6488. In case of the exclusion of any Assessments

lands under the provisions of this act, the board of funded.

directors shall determine what refund, if any, shallbe made to any person or persons who have paid anyassessments to such district on any lands so excluded,but such refund, if any, shall be on a basis equitablealike to lands remaining in the district and landsexcluded therefrom. Such payment shall be made inthe manner as other claims against the district, andfrom such fund or funds as the board of directorsmay designate, and which may be legally applied tosuch payments. The board may, in its discretion,determine what portion, if any, of the assessments

-16


remaining unpaid shall be cancelled. Said cancella-tion, if any, shall be accomplished by an orderentered upon the minutes of the board and certifiedto the office of the county treasurer. Upon the filingof such certified order, said assessments, or any por-tion thereof, cancelled by said order shall be marked"Cancelled" upon the treasurer's records. The lienof such portion of said assessments, if any, as theboard shall refuse to cancel, shall continub againstthe lands excluded, and the district shall retain all ofits rights as to such assessments or portions thereofas if said lands had not been excluded.


Section 6489. The board of directors of an irri-Special pro- gation district, now or hereafter organized under theceedings to

bondmor V. provisions of this chapter, may commence a specialS. or statecontractq. proceeding in and by which the proceedings for or-

ganizing such district or the proceedings of saidboard and of said district, providing for and author-izing the issue and sale of the bonds of said districtwhether said bonds or any of them have or have notthen been sold, may be judicially examined, approvedand confirmed, or in case a contract shall have beenmade by an irrigation district for the payments ofmoneys to the United States, or the state of Wash-ington, and bonds be not deposited with the UnitedStates or the state of Washington, as in section 6427:Provided, The board may commence a special pro-ceeding whereby the proceedings of said district pro-viding for and authorizing the said contract, whetheror not the same shall already have been executed,may be judicially examined, approved and confirmed.

There may be combined with the proceeding forthe confirmation of the organization and formationof said district, either of the other confirmation pro-ceedings above mentioned.


SESSION LAWS, 1921.


Section 6491. The court shall fix the time for the Procedureupon filing

hearing of said petition, and shall order the clerk of petition.

the court to give and publish a notice of the filing ofsaid petition. The notice shall be given and pub-lished in the same manner and for the same lengthof time that a notice of a special election providedfor by this chapter to determine whether the bondsof said district shall be issued is required to be givenand published. The notice shall state the time andplace fixed for the hearing of the petition, and theprayer of the petition, and that any person interestedin the organization of said district or in the proceed-ings for the issue of sale of said bonds or for theauthorization of contract with the United States, orthe state of Washington, may, on or before the dayfixed for the hearing of said petition, demur to oranswer said petition. The petition may be referredto and described in said notice as the petition of theboard of directors of...............irrigation dis-trict (giving its name) praying that the proceedingsfor the organization of said district or the proceed-ings for the issue and sale of the bonds of said dis-trict or for the authorization of contract with theUnited States, or the state of Washington, may beexamined, approved, and confirmed by said court.


Section 6493. Upon the hearing of such special Powers ofcourt.

proceedings, the court shall have full power andjurisdiction to examine and determine the legalityand validity of and approve and confirm each and allof the proceedings for the organization of said dis-trict under the provisions of this chapter from andincluding the petition for the organization of the dis-trict, and all other proceedings which may affect the

Ch. 129.] 483

legality of the formation of said district or thelegality or validity of said bonds, and the order forthe sale, and the sale thereof, and all proceedingswhich may affect the authorization or validity of thecontract with the United States, or the state of Wash-ington. The court, in inquiring into the regularity,legality or correctness of said proceedings, must dis-regard any error, irregularity or omission whichdoes not affect the substantial rights of the partiesto said special proceedings, and it may approve andconfirm such proceedings, in part, and disapproveand declare illegal or invalid other or subsequentparts of the proceedings. The court shall find anddetermine whether the notice of the filing of saidpetition has been duly given and published for thetime and in the manner in this chapter prescribed.The costs of the special proceedings may be allowedand apportioned between all of the parties, in thediscretion of the court.

SEC. 48. Sections 6432-1 to 6432-5 both inclusiveRepealing of Remington & Ballinger's Annotated Codes andclause.

Statutes of Washington and Chapter 154 of the Lawsof 1919 are hereby repealed.

SEC. 49. If any section or provision of this actPartial shall be adjudged to be invalid or unconstitutional,invalidity.

such adjudication shall not affect the validity of theact as a whole, or any section, provision or partthereof not adjudged to be invalid or unconstitu-tional.

SEc. 50. That sections 37, 38, 39, 40, 41, 42, 43,Emergency. 44, 45 and 46 of this act are necessary for the im-

mediate preservation of the public health and thesupport of the state government and its existingpublic institutions, and shall take effect immediately.

Passed the House Februiary 14, 1921.Passed the Senate March 5, 1921.Approved by the Governor March 19, 1921.


SESSION LAWS, 1921.

CHAPTER 130.[S. B. 134.]

PORT DISTRICTS.

AN ACT providing for the enlargement of port districts.


SECTION 1. At any general election or at any Election onenlargement

special election which may be called for that purpose, of district.

the board of county commissioners of any county inthis state, in which there exists a port district whichis not co-extensive with the limits of the county, shall,on petition of the commissioners of such port dis-trict, by resolution, submit to the voters of suchcounty, or to the voters residing within the limits ofthe enlarged port district, including the voters resid-ing within the limits of the existing port district,described in such petition, the proposition of enlarg-ing the limits of such port district so as to includetherein the whole of the territory embraced withinthe boundaries of such county, or such territory asmay be described in said petition by legal subdivi-sions. Such petition shall be filed with the countyauditor, who shall forthwith transmit the same tothe board of county commissioners, who shall submitsuch proposition at the next general election, or, ifsuch petition so request, the board of county commis-sioners shall, at their first meeting after the date offiling such petition, by resolution, call a special elec-tion to be held not less than thirty days nor morethan sixty days from the date of filing said petition.The notice of election shall state the boundaries ofthe proposed enlarged port district and the object ofthe special election. In submitting said question tothe voters for their approval or rejection, the propo-

Ch. 130.] 485

SESSION LAWS, 1921.

sition shall be expressed on the ballots substantiallyin the following terms:

"Enlargement of the port of............., yes."(Giving the name of the port district which it is pro-posed to enlarge);

"Enlargement of the port of .......... , no."(Giving the name of the port district which it is pro-posed to enlarge).

Such election, whether general or special, shall beheld in each precinct wholly or partially embracedwithin the limits of the proposed enlarged port dis-trict and shall be conducted and the votes cast thereatcounted, canvassed, and the returns thereof made inthe manner provided by law for holding general orspecial county elections.

SEc. 2. If a majority of all the votes cast at anysuch election upon the proposition of enlarging suchport district shall be for the "Enlargement of theport of .............. , yes" then and in thatevent the board of county commissioners shall enteran order declaring such port district enlarged so asto embrace within the limits thereof the territorydescribed in the petition for such election, and there-upon the boundaries of said port district shall be soenlarged and the commissioners thereof shall havejurisdiction over the whole of said district as en-larged to the same extent, and with like power andauthority, as though the additional territory hadbeen originally embraced within the boundaries ofthe existing port district: Provided, however, Thatnone of the lands or property embraced within theterritory added to and incorporated within such portdistrict shall be liable to assessment for the paymentof any outstanding bonds, warrants or other indebt-edness of such original port district, but such out-standing bonds, warrants or other indebtedness, to-

486 [Ch. 130.

SESSION LAWS, 1921.

gether with interest thereon, shall be paid exclusivelyfrom assessments levied and collected on the landsand property embraced within the boundaries of thepre-existing port district.

Passed the Senate March 3,1921.Passed the House March 8, 1921.Approved by the Governor March 19, 1921.

CHAPTER 131.[S. B. 143.1

REPEAL OF ACT ESTABLISHING WENATCHEEWATERSHED RESERVE.

AN ACT relating to irrigation and repealing chapter 31 of theLaws of 1913.


SECTION 1. That chapter 31 of the Laws of 1913 Repealingclause.

be and the same is hereby repealed.


Ch. 131.] 487

SESSION LAWS, 1921.

CHAPTER 132.[S. B. 136.1

BONDS OF COUNTY COMMISSIONERS.

AN ACT relating to the bonds of county commissioners, and amend-ing section 3877 of Remington & Ballinger's Annotated Codesand Statutes of Washington.



SECTION 3877. Each county commissioner in thisBonds re- state, before he enters upon the duties of his office,quired. shall give a bond to the county, with at least two

sureties thereon, in the amount hereinafter specified;which bond and the sureties thereon shall be ap-proved by the clerk of the superior court of theproper county. The said bond, when so approved,shall be filed and recorded by said clerk in his office.Said bond shall be payable to the county, and thesame shall be conditioned that such commissionershall well and faithfully discharge the duties of hisoffice, and not approve, audit or order paid anyillegal, unwarranted or unjust claim against thecounty for personal services: Provided, That thecounty commissioners heretofore elected, and whoshall have already entered upon the duties of theiroffice, shall have ninety days from and after the daythis act goes into effect in which to make and file theirbonds. The amount for which said bond shall begiven is as follows:

In class A counties, twenty-five thousand dollars($25,000.00);

In counties of the first class, twenty-five thousanddollars ($25,000.00);

In counties of the second class, twenty-two thou-sand five hundred dollars ($22,500.00);

[Ch. 132.488

In counties of the third class, twenty thousanddollars ($20,000.00);

In counties of the fourth class, fifteen thousanddollars ($15,000.00);

In counties of the fifth class, ten thousand dollars($10,000.00);

In counties of the sixth class, seven thousand fivehundred dollars ($7,500.00);

In counties of the seventh and eighth classes, fivethousand dollars ($5,000.00);-

In counties of any other lower class, two thousanddollars ($2,000.00).


CHAPTER 133.[S. B. 208.]

CLASS "A" COUNTIES.

AN ACT relating to the powers and duties of class "A" countiesand the officers thereof, and declaring an emergency.


SECTION 1. All provisions of law relative to the Provisions

powers and duties of first class counties and the f a

officers thereof shall apply with equal force to class. pncable.

"A" counties, except as otherwise provided by law.SEC. 2. This act is necessary for the immediate Emergency.

preservation of the public peace, health and safetyand shall take effect inuediately.


489SESSION LAWS, 1921.Ch. 133.]

SESSION LAWS, 1921.

CHAPTER 134.IS. B. 211.]

COUNTY ROADS OVER AND ALONG DIKES.

AN ACT relating to the establishment of highways across andalong dikes.


SECTION 1. The board of county commissionersPower to of any county shall have the power to establishestablish. faysalpwr e~u.

county roads over, across or along any dike main-tained by any diking, or diking and drainage district,in the manner provided by law for establishingcounty roads over or across private property, andshall determine and award the damages, if any, to thedistrict and to the owners of the land upon which thedike is constructed and maintained: Provided, Thatevery such road shall be so constructed, maintainedand used as not to impair the use of the dike.

SEC. 2. If any award of damages is not acceptedProceedings in the manner provided by law, it shall be deemed re-to procureright-of-way. jected, and the board, by order, shall direct proceed-

ings to procure the right-of-way to be instituted inthe superior court of the county by the prosecutingattorney of the county in the manner provided bylaw for the taking of private property for public use,and to that end the board is hereby authorized toinstitute and maintain in the name of the county suchproceedings as against the. diking, or diking anddrainage district, and the owners of any land onwhich the dike is located that have failed to acceptthe award of damages made by the board.


490 [Ch. 134.

SESSION LAWS, 1921.

CHAPTER 135.[S. B. 125.1

JUVENILE COURTS AND COURT COMMISSIONERS.

AN ACT relating to juvenile courts and court commissioners, andamending section 1987-2 of Remington & Ballinger's Anno-tated Codes and Statutes of Washington, (Sec. 594 Pierce'sWashington Code).



Section 1987-2. The superior courts in the sev- Jurisdiction

eral counties of this state shall have original jurisdic- or~tsotion in all cases coming within the terms of this act.In all trials under this act, any person interestedtherein may deman'd a jury trial, or the judge of hisown motion may order a jury to try the case. Incounties containing thirty thousand or more inhabi-tants, the judges of the superior court shall, at suchtimes as they may determine, designate one or moreof their number whose duty it shall be to hear allcases arising under this act. A special session to bedesignated as the "Juvenile Court session" shall beprovided for the hearing of such cases and the find-ings of the court shall be entered in a book or bookskept for the purpose, and known as the "JuvenileRecord", and the court may, for convenience, becalled the "Juvenile Court". In counties in which Jurisdiction

there is no resident judge of the superior court the """rlcourt commissioner shall have the power, authorityand jurisdiction, concurrent with the superior courtand the judge thereof, -to hear all matters relating todependent and delinquent children arising under theJuvenile Court Law, and if he shall find that the bestinterests of any such dependent or delinquent childwill be subserved by committing him to the care of

Ch. 135.] 491

some reputable citizen of good moral character untilsuch time as the judge may attend and hold court inthe county he shall be authorized-and empowered soto do; but if he shall find that the best interests ofsaid child require that he be committed to a suitableinstitution or to some training school or industrialschool as provided by law, or to the care of someassociation willing to receive him, embracing in itsobjects the purpose of caring for or obtaining homesfor dependent, neglected or delinquent children, heshall refer the case to the judge of the superior courtfor hearing as soon as the same can be convenientlyheard.


CHAPTER 136.[S. B. 126.]

NORMAL SCHOOL EXTENSION WORK.

AN ACT relating to tuition fees for state normal school extensionwork, and amending section 4373 of Remington & Ballinger'sAnnotated Codes and Statutes of Washington.


SECTION 1.' That section 4373 of Rem. & Bal.Code be amended to read as follows:

Section 4373. No charge shall be made againstFees and any student for tuition in any of the normal schoolsqualifica-antions. contemplated by this act: Provided, That the boards

of trustees of such schools are hereby authorized andempowered to charge such fees for extension workprovided for under section 5 of chapter 128 of theLaws of 1917 as the boards of trustees of the several

492 SESSION LAWS, 1921. [Ch. 136.

SESSION LAWS, 1921.

normal schools shall by joint action determine; allfees collected to be paid into a revolving fund of theschool collecting the same, and to be held by thetrustees of such school and used and expended bysuch trustees in carrying on the extension work ofsuch school, and to be accounted for in accordancewith existing laws. All students shall be required tofurnish satisfactory evidence of good moral charac-ter, and any student may be suspended or expelledfrom any state normal school contemplated by thisact who is found to be immoral, or who has refusedto comply with its rules and regulations for its gov-ernment.


CHAPTER 137.[S. B. 214.]

PUBLIC AND TERMINAL WAREHOUSES.

AN ACT relating to the regulation of the facilities, rates andservice of the public and terminal ware houses for receiving,handling, storing and delivering grain, hay and peas.


SECTION 1. The director of public works shall supervisionOVer.

have the power and it shall be his duty, through andby means of the division of public utilities, to exer-cise general supervision over the facilities, rates andservice of public and terminal warehouses, as thoseterms are defined in chapter 189, Laws of 1919, forthe receiving, handling, storing and delivering ofgrain, hay and peas, and to that end shall make allnecessary rules and regulations for carrying out and

Ch. 137.] 493

enforcing the provisions of this act. In carrying outand enforcing the provisions of this act and in exer-cising the jurisdiction herein conferred, the pro-cedure shall be the same as that provided by chapter189, Laws of 1919, for exercising and carrying outthe jurisdiction and powers therein conferred.

SEC. 2. This act shall not be construed as re-Scope of act. pealing directly or by.implication any of the pro-

visions of chapter 189, Laws of 1919, but is intendedto confer additional power and jurisdiction upon thedirector of public works.

Passed the Senate March 3, 1921.Passed the House March 8, 1921..Approved by the Governor March 19, 1921.

CHAPTER 138.1S. B. 87.1

RAILROAD AND HIGHWAY CROSSINGS.

AN ACT relating to existing and proposed railroad and highwaycrossings and to the changing and elimination of such cross-ings, and amending sections 4 and 6 of chapter 30, SessionLaws of 1913.


SECTION 1. That section 4 of chapter 30 of theSession Laws of 1913, be and the same is herebyamended to read as follows:

Section 4. The mayor and city council, or otherPetiion to governing body of any city or town, or the countycrossing. commissioners of any county within which there

exists any under-crossing, over-crossing or gradecrossing, or where any street or highway is proposedto be located or established across any railroad, orany railroad company whose road is crossed by anyhighway, may file with the commission their or its

494 SESSION LAWS, 1921. [Ch. 138.

petition in writing, alleging that the public safetyrequires the establishment of an under-crossing orover-crossing, or an alteration in the method andmanner of an existing crossing, and its approaches,or in the style and nature of construction of any ex-isting over-crossing, under-crossing or grade cross-ing, or a change in the location of an existing high-way or crossing, the closing or discontinuance of anexisting highway crossing, and the diversion oftravel thereon to another highway or crossing, or ifnot practicable, to change such crossing from gradeor to. close and discontinue the same, the opening ofan additional crossing for the partial diversion oftravel and praying that the same may be ordered. Ifthe existing or proposed crossing is on a state roador highway the petition may be filed by the statehighway commissioner. Upon such petition being Hearing.

filed, the commission shall fix a time and place forhearing the petition and shall give not less than tendays' notice thereof to the petitioner, the railroadcompany and the municipality or county in whichthe crossing is situate. If the highway involved is astate highway like notice shall be given to the statehighway commissioner. If the change petitioned forrequires that private lands, property, or propertyrights be taken, damaged, or injuriously affected toopen up a new route for the highway, or requiresthat any portion of any existing highway be vacatedand abandoned, ten days' notice of the hearing shallbe given to the owner or owners of the private lands,property, and property rights which it is necessaryto take, damage or injuriously affect, and to theowner or owners of the private lands, property, orproperty rights that will be affected by the proposedvacation and abandonment of the existing highway.The commission shall also cause said notice of hear-


ing to be published once in some newspaper of gen-eral circulation in the community where such cross-ing is situate, which publication shall appear at leasttwo days prior to the date of hearing. At the timeand place fixed in the notice, all persons and partiesinterested shall be entitled to be heard and introduceevidence. At the conclusion of the hearing the com-mission shall make and file its written findings offact concerning the matters inquired into in likemanner as provided in the preceding section forfindings of fact upon petition for new crossings. Thecommission shall also enter its order based upon saidfindings of fact, which shall specify whether thehighway shall continue at grade or whether it shallbe changed to cross over or under the railroad in itsexisting location or at some other point, and whetheran over-crossing or under-crossing shall be estab-lished at the proposed location of any street or high-.way or at some other point, or whether the style andnature of construction of an existing crossing shallbe changed, or whether said highway shall be closedand travel thereon diverted to another channel, orany other change that the commission may find ad-visable or necessary. In case the order made re-quires that private lands, property, or propertyrights be taken, damaged or injuriously affected, theright to take, damage or injuriously affect the sameshall be acquired as hereinafter provided.

Any petition herein authorized may be filed bythe commission on its own motion, and proceedingsthereon shall be the same as herein provided for thehearing and determination of a petition filed by arailroad company.

SEC. 2. That section 6 of chapter 30, SessionLaws of 1913, be and the same is hereby amended toread as follows:


SESSION LAWS, 1921.

Section 6. Apportionment of Cost of Crossings.

SUBDIVISION A.Whenever, under the provisions of this act, new Railroad to

ay ofrailroads are constructed across existing highways, construction.

or highway changes are made either for the purposeof avoiding grade crossings on such new railroads,or for the purpose of crossing at a safer and moreaccessible point than otherwise available, the entireexpense of crossing above or below the grade of theexisting highway, or changing the route thereof, forthe purpose mentioned in this subdivision, shall bepaid by the railroad company.

SUBDIVISION B.Whenever, under the provisions of this act, a new Railroad to

pay part ofhighway is constructed across a railroad, or an ex- cost when.

isting grade crossing is eliminated or changed, orthe style and nature of construction of an existingcrossing is changed, the entire expense of construct-ing an over-crossing, under-crossing, or safer gradecrossing, or changing the nature and style of con-struction of an existing crossing, including the ex-pense of constructing approaches to such crossingand the expense of securing rights-of-way for suchapproaches, as the case may be, shall be apportionedby the commission between the railroad, munici-pality or county affected, or if the highway is a stateroad, between the railroad and the state, as justicemay require, regard being had for the benefits accru-ing to the railroad, municipality, county or state byreason of the improvement. If the highway involvedis a s'tate road, the amount not apportioned to therailroad company shall be paid as provided by lawfor constructing such state road. When an existinggrade crossing is ordered eliminated by the construc-tion of an over-crossing or under-crossing, the com-mission may in its discretion pay an amount not to

Ch. 138.]1 497

exceed ten per cent of the cost thereof out of theappropriation provided in this act, and in such casethe state auditor is hereby authorized and requiredupon the requisition of the commission, to drawwarrants on the state treasury payable to the partydesignated by the commission for such amount, andthe state treasurer is hereby authorized and requiredto pay such warrants on presentation.

SuBDiVISION C.

Whenever two or more lines of railroad owned orApportion- operated by different companies cross a highway, orment of costsbetween rail- each other, by an over-crossing, under-crossing orroads.

grade crossing required or permitted by this act orby an order of the commission, the portion of theexpense of making such crossing not chargeable toany municipality, county or to the state, shall be ap-portioned between said railroad companies by thecommission unless said companies shall mutuallyagree upon an apportionment. If it becomes neces-sary for the commission to make an apportionmentbetween the railroad companies, a hearing for thatpurpose shall be held, at least ten days' notice ofwhich shall be given.


498 SESSION LAWS, 1.921. [Ch. 138.


CHAPTER 139.[S. B. 160.]

UNIVERSITY OF WASHINGTON STUDENT FEES.AN AcT relating to a system of student fees in the University of

Washington and providing for the collection and disposalof the same, and amending sections 1, 2, 3 and 4, and repealingsection 5 of chapter 63 of the Laws of 1919.



Section 1. The University of Washington shall Student fees.

charge to and collect from each of the students regis-tering therein the following fees: (a) A generaltuition fee of fifteen dollars ($15.00) per quarterfrom each person domiciled in this state or the terri-tory of Alaska for the period of one year prior toregistration, and fifty dollars ($50.00) each perquarter from all others. (b) Special tuition fees toinclude fees for summer session, short courses,marine station work, correspondence or extensioncourses, individual instruction fees, and such otherspecial tuition fees as may be established by theboard of regents of the university from time to time.(c) A library fee of ten dollars ($10.00) per quarterfor law, for each student registered in law, for thelaw library. (d) Student deposit, disciplinary,laboratory, library, gymnasium, hospital or healthfees, and such other fees as may be established by theboard of regents from time to time, the fees men-tion in this subdivision to be deposited or paid byeach student required to deposit or pay same underrules to be prescribed by said board.


Section 2. All general tuition fees mentioned in Fees credit-ed to build-

subdivision (a) of section 1 of this act shall, within ing fund.

Ch. 139.]1

thirty-five (35) days from the date of collectionthereof, be paid into the state treasury and by thestate treasurer shall be credited as follows: Tendollars ($10.00) from each student to the "Uni-versity of Washington Building Fund" and the bal-ance to the "University of Washington Fund". Thesum so credited to the "University of WashingtonBuilding Fund" shall be used exclusively for thepurpose of erecting, altering, maintaining, equippingor furnishing buildings constructed under the act ofMarch 15th, 1915, being chapter 66 of the Laws of1915 and the acts amendatory thereto.


Section 3. Said fees mentioned in subdivisionsFees credited (b), (c) and (d) of section 1 of this act shall be heldto revolvingfund. by the said board of regents as a revolving fund and

expended for the purposes for which collected, andbe accounted for in accordance with the existing law.


Section 4. The fees mentioned in subdivision (a)Refund of of section 1 of this act are not returnable except infees.

case of sickness or causes entirely beyond the controlof the student. No portion of the returnable feesshall be returned for voluntary or enforced with-drawal after thirty (30) days from the date of regis-tration of the student. Students withdrawing underdiscipline forfeit all rights to the return of any por-tion of the fee. In no case shall more than one-halfof the fees be refunded.

SEC. 5. The board of regents may exempt theWho exempt following classes of persons from the payment of thefrom pay-ase pesn thment of fees. fees mentioned in subdivisions (a) and (b) of section

1 of this act except for the individual instruction feesmentioned in said subdivision (b) : (1) All honorably

500 SESSION LAWS, 1921. [Ct. 139.

SESSION LAWS, 1921.

discharged service men or women who served in themilitary or naval service of the United States duringthe late World War; and all honorably dischargedservice men who served in the military or naval ser-vices of any of the governments associated with theUnited States during the said war, provided theywere citizens of the United States at the time of theirenlistment and who are again citizens at the time oftheir registration in the university. If any such ser-vice men have not been domiciled in this state for oneyear prior to registration said board may exemptthem up to one-half of the fee payable by other non-domiciled students. (2) Members of the staff of theUniversity of Washington. (3) Teachers in thepublic schools of the state who supervise the cadetteachers from the University of Washington.

SEC. 6. In case of deserving students domiciled Pey-entrf

in this state or the territory of Alaska who, after a issory note.

quarter in residence have shown a marked capacityfor the work done by them in school, the board ofregents may, in lieu of collecting the fees providedfor in subdivision (a) of section 1 -of this act, extendcredit to said students in the amount of said fees,taking therefor the promissory note of the student,with interest at the rate of four per cent per annum.

SEC. 7. Section 5 of chapter 63 of the Laws of cling1919 is hereby repealed.


501Ch. 139.1

SESSION LAWS, 1921.

CHAPTER 140.[S. H. B. 135.]

EXTERMINATION OF RODENTS.

AN AcT relating to injurious rodents and providing an appropria-tion for their extermination.

Be it enacted by the Legislature of the State ofWashington:SECTION 1. The term "rodent'.' wherever used

"Rodent" de- in this act shall be held and construed to mean andfined.

include ground squirrels, pocket. gophers, rabbits,and such other rodents as the State College of Wash-ington shall designate as injurious to the agriculturalinterests of the state.

SEC. 2. It shall be the duty of every person, firmOwner of or corporation owning, possessing or having the careland to de-stroy. or charge of any land or lands in the state to destroy

and exterminate any and all such rodents thereon.SEC. 3. The administration of this act shall be

Administra- under the supervision and control of the state oftion of act.

n Washington by and through the extension service ofthe State College of Washington, in co-operationwith the board of county commissioners in the vari-ous counties of the state and the bureau of biologicalsurvey of the United States department of agricul-ture.

SEC. 4. The State College of Washington isSupervision. hereby empowered and it shall be its duty to employ

persons as it may deem necessary to inspect rodentconditions and to supervise the destruction and ex-termination of injurious rodents in such counties asshall co-operate with said State College in suchwork: Provided, That nothing herein containedshall authorize said State College to contract for orexpend a greater sum of money during the next

.502 [Ch. 140.

SESSION LAWS, 1921.

biennium, for the purposes of this act, than that pro-vided for by the appropriation contained herein.

SEC. 5. The State College of Washington is Co-operation

hereby authorized to co-operate with the bureau of department.

biological survey of the United States department ofagriculture, and to make such arrangements as itmay deem advisable to join with said bureau in theemployment of persons to inspect rodent conditionsand to supervise the destruction and exterminationof injurious rodents.

SEc. 6. The board of county commissioners of Authority topurchase and

any county in the state desiring to co-operate with oitriute

the State College of Washington in the exterminationof rodents is hereby authorized to purchase poisons,grain and other supplies, or to prepare poisonedgrain or other baits, and to furnish the same at costto owners, occupants, agents in charge, or lessees of Tax levy.

land infested with rodents, and for that purpose *shalllevy a tax of not to exceed one-half of one mill on allthe taxable property within the county. The proceedsfrom the collection of such taxes shall be placed in aspecial rotating fund, which fund is hereby created.The purchases of all poisons, grain and other suppliesshall be made from said rotating fund and the pro-ceeds of the sale of such poisons, grain and suppliesshall be placed therein. The balance in such fund onDecember 31st of each year shall be transferred tothe county current expense fund: Provided, That inthe year 1921 the board shall be authorized, by reso-lution to that end, to purchase said poisons, grainand supplies with any moneys in the hands of thecounty treasurer, and the fund or funds from whichsaid purchases have been made shall be reimbursedfrom said rotating fund from time to time as moneysare paid therein.

SEc. 7. The State College of Washington shall Powers and

statebe authorized and directed to supervise the extermi- college.

Ch. 140.] 503

nation of rodents by any land owner, occupant, agentin charge, or lessee, to prepare poisons and baits forthat purpose, and to enter upon any farm, rights-of-way, grounds, or premises for the purpose of ascer-taining rodent conditions or for the purpose of ex-terminating the same as in this act provided.

SEC. 8. Whenever the person or persons desig-Notice to nated and employed by the State College of Wash-exterminate.

ington for that purpose shall, upon inspection andinvestigation, determine that the owner, occupant,agent in charge, or lessee of any land has failed orneglected to exterminate the rodents on said land,and that such land is infested with such rodents, itshall notify said owner, occupant, agent in charge orlessee to that effect. Said notice shall deseribe theland involved, contain a finding that said land isinfested with rodents, naming the kind, direct whatsteps shall be taken to exterminate said rodents, andinform the owner, occupant, agent in charge, orlessee that, unless such steps are begun within aperiod of ten (10) days after service of said notice.(exclusive of the day of service), said land will beentered upon and the rodents exterminated and theexpense of such extermination will be charged as atax against said land, and collected as general taxesare collected. A copy of said notice shall be servedpersonally upon the owner, occupant, agent in chargeor lessee if the same is found in the county in whichsuch land is situated. If said owner, occupant, agent.in charge, or lessee cannot with reasonable diligencebe found in the county, a certificate to that effect,together with said notice, shall be mailed to the per-son appearing on the records of the county treas-urer's office as last paying general taxes on said land,and a copy of said notice shall be posted in a con-

Non-com- spicuous place on said land. After the expiration ofpliance.

ten days from the date of service, or mailing and

504 SESSION LAWS, 1921., [Ch. 140.

SESSION LAWS, 1921.

posting, as the case may be, of said notice as hereinprovided, the State College of Washington shallenter said land and exterminate the rodents thereon.

SEC. 9. An itemized account shall be kept of the Notice oftime for con-

expenses of exterminating the rodents on said land sideratl of

and, upon the conclusion of such work, a swornitemized statement of such expense, together with thedescription of the land and a return of the service,or mailing and posting, of the notice to the owner,occupant, agent in charge, or lessee shall be filed withthe board of county commissioners of the county inwhich said land is situated. The board shall there-upon fix a time and place when and where such state-ment of expense* will be considered, and shall givenotice of same. Said notice shall be signed by theclerk of the board, shall be served in the same man-ner, by the same agency, and shall be given for thesame length of time and to the same parties as thenotice provided for in section 8 herein.

SEC. 10. The board of county commissioners Expensemade a tax.

shall meet at the time and place fixed in said notice,and shall examine said statement of expenses, heartestimony if offered, and shall determine that saidstatement, or so much thereof as is just and correct,shall be established as a tax against the land in-volved. Said board shall also make an order that thetotal amount of such expenses so approved shall bea tax on the land on which said work was done afterthe expiration of ten days from the date of the entryof said order on the minutes of the board, unlesssooner paid or unless an appeal be taken as in thisact provided, in which.event the same shall become atax at the time the amount charged shall be deter-mined by the court: Provided, That in no case shallthe total expense for the extermination of rodentsfor any one year charged against any tract of landexceed a sum which in the aggregate shall amount to

505Ch. 140.]

moxe than twenty cents per acre or fraction thereofincluded in the tract.

SEC. 11. The county treasurer shall enter theExpenses en- amount of such expense according to the order oftered on taxrlls against the board, on the tax rolls against the land for the

current year, and the same shall become a part ofthe general taxes for that year to be collected at thesame time and with the same interest and penaltiesand when so collected the same shall be credited tothe rotating fund herein provided for.

SEC. 12. Any person feeling himself aggrievedAppeals. at the decision and order of the board of county com-

missioners.approving the amount of such expensesand establishing the same as a tax against the landinvolved may appeal therefrom to the superior courtof the county, by serving a written notice of appealon the board and by filing a copy of same with proofof service attached, together with a good and suf-ficient cost bond to be approved by the. county clerkin the sum of two hundred dollars ($200.00), saidcost bond to run to the county and in all other re-spects to comply with the laws relating to cost bondsrequired of non-resident plaintiffs in the superiorcourt. Said notice of appeal must be served andfiled within ten days from the date of the decisionand order of the board approving the amount of saidexpense and establishing the same as a tax againstthe land involved, and said appeal must be broughton for hearing upon a certified copy of the recordsin the matter without further pleadings, at the nextterm of court thereafter. An appeal from the judg-ment of the superior court in the matter may betaken to the supreme court of the state as in othercases of appeal to that tribunal. Upon the final con-clusion of any appeal so taken, the county clerk shallcertify to the county treasurer the result of suchappeal.

506 SESSION LAWS, 1921. [Ch. 140.

SEC. 13. No baits containing phosphorus or pison

phosphorous compounds shall be employed in the ex-termination of rodents. All poisons and poisonedbaits prepared and distributed under authority ofthe board of county commissioners shall be placedin containers plainly labeled to show the characterand purpose of the contents thereof.

SEC. 14. For the purpose of carrying out the'provisions of this act there is appropriated out ofthe general fund for the use of the State College of L.eF.e

Washington the sum of five thousand dollars($5,000.00).

SEC. 15. This act is necessary for the immedi- Emergency.

ate preservation of the public peace, health andsafety, and shall take effect immediately.

Passed the House March 5, 1921.Passed the Senate March 8, 1921.Approved by the Governor, with the exception of

Section 14, which is vetoed, March 19, 1921.

CHAPTER 141.[H. B. 153.1

HORTICULTURE.

AN ACT relating to horticulture and horticultural plants andproducts and the protection thereof, and providing for the en-forcement of the provisions hereof and amending sections1, 2, 3, 5, 14, 16, 17, 18, 27, and 30, chapter 166, Laws of 1915,and sections 2 and 29 of chapter 166, Laws of 1915, as amendedby sections 1 and 4 of chapter 195, Laws of 1919.



Section 1. That the term "commissioner" Definition of

whenever used in this act shall be held and con-


strued to mean the commissioner of agriculture ofthe State of Washington, and the term "assistantcommissioner" and "assistant" shall be held andconstrued to mean the assistant commissioner ofagriculture for the division of horticulture; the term"horticultural inspector" and the term "inspector"wherever used in this act shall be held and construedto mean an inspector of the department of agricul-ture, assigned to the division of horticulture; theterm "nursery stock" wherever used in this act shallbe held and construed to mean and include fruit trees,fruit tree stock, nut trees, grape vines, fruit bushes,rose bushes, rose stock, forest and ornamental treesand shrubs (both deciduous and evergreen), field

grown, florists' stock, and cuttings, scions and seed-lings of fruit or ornamental trees or shrubs, and allother fruit bearing plants and parts thereof andplant products for propagation or planting; the term"infect" and its derivatives "infecting,"' "infected"and ".infection," wherever used in this act shall beheld and construed to mean and include being af-fected by or infested with the disease or insect peststo which horticultural plants and products are sub-ject and which are required to be guarded against,controlled, cured, removed, and eradicated as in thisact provided; the terms "disinfect" and its deriv-atives shall be held and construed to mean and in-clude the cure, removal or eradication of such dis-eases or pests by cutting and destroying the infectedparts, or the application of fungicides or insecticidesspecified in this act or such other effective solutionsor emulsions as may be discovered by science andspecified and described in the bulletins issued by thecommissioner of agriculture, and the term "person"wherever used in this act, shall be held and construedto mean and include individuals, partnerships, asso-ciations, joint stock companies and corporations.

[Ch, 141.508 SESSION LAWS, 1921.

SEC. 2. That Section 2 of Chapter 195 of theLaws of 1915, as amended by Section 1 of Chapter195 of the Laws of 1919, be amended to read asfollows:

Section 1. That Section 2 of Chapter 195 of the Powers andduties of

Laws of 1919 be amended to read as follows: commissionerof agricul-

Section 2. The commissioner of agriculture ture.

shall have the power and it shall be his duty:(a) To exercise a general supervisory and di-

rectory control over the horticultural interests ofthe state;

(b) To arrange for and hold meetings for thediscussion and dissemination of information as tohorticultural subjects and for the demonstration ofmethods of preventing diseases of and pests injuri-ous to horticultural plants, fruits and vegetables, andof curing and removing the same;

(c) To publish and distribute circulars and re-ports upon horticultural subjects, the'pests affectingand the diseases of fruit trees, vines or bushes, orna-mental trees or shrubbery, horticultural plants,fruits, vegetables and nursery stock, and the meansand methods of controlling, curing, removing, erad-icating, and disinfecting for such diseases and pests;

(d) To issue licenses to nurserymen and dealersin nursery stock and their agents, salesmen and solic-itors and revoke the same for violation of or failureto comply with this act, and to keep in his office arecord of all licenses issued, showing the characterof the license, name and address of the holder, thedate of issue and the date of expiration or re-vocation;

(e) To furnish to the board of county commis-sioners of each county, annually, on or before Sep-tember 1, an estimate of the expenses for the ensuingyear of inspecting and disinfecting orchards, vine-yards, berry farms, vegetable farms and nurseries,

Ch. 141.] SESSION LAWS, 1921. 509

SESSION LAWS, 1921.

fruit trees, vines or bushes, ornamental trees orshrubbery, horticultural plants, fruit, fruit products,vegetables, and packing houses, warehouses, dry-houses, store-rooms, depots, docks and other placeswhere fruits, vegetables or nursery stock are grown,packed, stored, shipped or held for shipment or de-livery or offered for sale within said county.

(f) To appoint inspectors to enforce and carryout the provisions of this act, which inspectors maybe of two classes, inspectors at large and local in-spectors: Provided, That not more than twenty in-spectors at large shall be appointed.

(g) The commissioner may also in his discre-tion appoint any officer or member of any local fruitprotective association to act as inspector, vested withpower only to enter premises and inspect orchardsand report to the inspector-at-large. Such inspectorsshall receive no compensation for services and shallnot be required to take the regular examination re-quired of inspectors-at-large and local inspectors.

(h) To make, adopt, issue and publish from timeto time, and enforce general rules and regulationsgoverning the grading, packing, and the size and di-mensions of commercial containers of apples andother fruit.

(i) To formulate, promulgate and enforce regu-lations fixing commercial grades of vegetables, andproviding for the inspection of the same for eithermarket or seed purposes, and furnishing of certifi-cates of inspection.

(j) To declare, promulgate and enforce quaran-tine measures for the protection of any agriculturalcrop, forest trees, forest products or other productsnot otherwise protected by law against the ravagesof destructive or injurious insects or diseases. Toadopt, promulgate and enforce rules and regulationsfor the inspection, grading and certification of grow-

[Ch. 141.510

SESSION LAWS, 1921.

ing crops of agricultural or vegetable seed grown inthis state and to inspect, grade and certify the sameat the request of the grower and to fix and collectfees for such inspection, grading and certificationand to pay the fees so collected into the statetreasury.

The commissioner of agriculture, and under hisdirection and control the assistant commissioner andthe horticultural inspectors, shall have the power andit shall be their duty:

(a) To enforce the provisions of this act and alllaws relating to horticultural interests.

(b) To inspect orchards, vineyards, berryfarms, vegetable farms, nurseries, fruit trees, vinesor bushes, ornamental trees or shrubbery, horticul-tural plants, fruits, vegetables, nursery stock andhorticultural supplies, and packing houses, dry-houses, warehouses, store-rooms, depots, docks, cars,vessels, and other places where fruits, vegetables ornursery stock are packed, stored, shipped, or held forshipment or delivery or offered for sale, and otherproperty liable to be infected with any disease orpest injurious to horticulture, and to require the dis-infection of all such property and premises found tobe infected and for that purpose shall have free ac-cess to such property and premises at all times.

(c) To inspect and examine orchards, vine-yards, nurseries, berry farms, vegetable farms,fruits, vegetables, nursery stock and all other horti-cultural plants and products, at the request of theowner thereof for the purpose of discovering the ex-istence of any disease or pest, and to report to theapplicant the result of such investigation and pre-scribe proper remedies;

(d) To disinfect orchards, vineyards, berry

farms, nifrseries, fruit trees, vines and bushes, or-namental trees and shrubbery, horticultural plants,

511Ch. 141.]1

fruits, vegetables and nursery stock and packinghouses, dry-houses, warehouses, store-rooms, depots,docks, cars, vessels and other places where nurserystock, fruits, or vegetables are packed, stored orshipped or held for shipment or delivery, or offeredfor sale, in case-the owner or person having the samein charge shall neglect or refuse so to do, afternotice; and in case any infected fruit trees, vines orbushes, ornamental trees or shrubbery, horticulturalplants, fruits, vegetables or nursery stock cannot besuccessfully disinfected to condemn and destroy thesame or cause the same to be destroyed.

(e) To require all partially infected fruit, vege-table and nursery stock shipments to.be sorted andrepacked and, in case the owner or person havingcharge of the same shall neglect or refuse so to doafter notice, to condemn and destroy the same, to-gether with all dead nursery stock: Provided, Thatno inspector shall destroy more than ten per cent ofany variety of nursery stock in any lot or shipmentof fifty or more trees, vines or shrubs without fivedays notice to the shipper, during which time theowner or shipper shall have the right to apply to thechief officer of the division of horticulture.

(f) To issue certificates of inspection to licensenurserymen and dealers in nursery stock, on stock in-spected and approved.


Section 3. Inspectors-at-large may be assignedat-l rs- to duty in one or more counties and transferred from

one county to another in the discretion of the com-missioner, and their salaries, compensation andactual and necessary traveling expenses shall be paidby warrants drawn upon the state treasurer by thestate auditor upon vouchers signed and verifiedunder oath by such inspectors and countersigned by

512 SESSION LAWS, 1921. [Ch. 141.

SESSION LAWS, 1921.

the commissioner or the assistant commissioner. Inaddition to inspectors-at-large the commissioner Local in-

shall, whenever the board of county commissionersof any county by resolution request it, appoint suchnumber of local inspectors and for such length oftime as such resolution shall specify and assign themto duty in such county. The salaries as fixed by the Salary and

expellses.county commissioners and actual and necessarytraveling expenses, within the county, of all local in-spectors shall be paid out of the current expensefund of their respective counties upon voucherssigned and verified under oath by such inspectorsand approved by the commissioner or the assistantcommissioner, and ordered paid by the county com-missioners, and the county auditor shall issue war-rants therefor upon the said county fund. All localinspectors shall be under the direction and control ofthe commissioner of agriculture and the assistantcommissioner. In case any inspector is dismissedfrom the service or transferred to another place, orto other duties, any qualified inspector or officer ofthe agricultural department may continue or com-plete any work or perform any duty initiated by suchdismissed or transferred. officer.


Section 5. The pests injurious to and diseases fts sPed-

of nursery stock, fruit trees, shade trees, ornamentaltrees and shrubbery, horticultural plants, fruit andvegetables to be guarded against, controlled, treated,removed, eradicated and disinfected for, as in thenext preceding section provided, shall be all bacterialdiseases, including fire blight of apple, pear andquince, crown gall or root gall, and hairy root; allfungus diseases, including black spot canker, pearscab, apple scab, apple powdery mildew, peach leaf

-17

Ch. 141.].043

curl, peach mildew, brown rot of peach, cherry andprune, chestnut blight, potato wart, powdery scab ofpotato and peach twig blight; all insect pests, includ-ing chewing insects, such as bud moth, peach twigborer, caterpillars, pear slug, flat headed borer,round headed borer, imported cabbage worm, potatotuber moth, potato nematode or eel worm, Mediter-ranean fruit fly, lesser apple worm, tussock moth,gypsy moth, brown tail moth, coddling moth, fruittree leaf roller, and the larva of any thereof, andsucking insects, such as San Jose scale, scurfy scale,oyster shell bark louse, aphids, pear leaf blistermitesand red spider; and such other bacterial and fungusdiseases and insect pests as may be identified byscience and specified and described as injurious tohorticulture in the circulars to be issued from timeto time by the commissioner of agriculture.

The methods and means required to be used forMethods of the prevention, control, removal, eradication anderadication, otoeadcto n

cure of the diseases and pests above specified, shallbe as follows: For bacterial diseases, eradication bythe removal and destruction of the infected plant orpart thereof, care being taken to disinfect all toolsused in such removal to prevent the spread of the in-fection or by any other methods that shall have beenapproved by the insecticide and fungicide board; forfungus diseases, control or cure by spraying with ef-fective fungicides, such as bordeaux solution, lime-sulphur solution, sulphide of iron or other effectivefungicides; for chewing insect pests, control or re-moval by spraying with effective insecticides, suchas arsenate of lead solution and arsenite of zinc solu-tion; for sucking insect pests, control or removal byspraying with effective insecticides, such as lime-sulphur solution, crude oil emulsion, tobacco solu-tion, distillate oil emulsion, kerosene emulsion, soapsolution, and sulphur solution, or combinations

514 SESSION- LAWS, 1921. [Ch. 141.

SESSION LAWS, 1921.

thereof; and for fungus and insect pests, control,cure or removal by spraying with such other effectivesolutions and emulsions as may be discovered by sci-ence and specified and described in the circularsissued by the commissioner of agriculture.

SEc. 5. That Section 14 of Chapter 166 of theLaws of 1915 be amended as follows:

Section 14. The cost and expense of disinfect- Recovery ofdisinfection

ing any nursery, orchard, berry farm, vineyard or expenses.

vegetable farm, or any nursery stock fruit trees,vines or bushes, shade trees, ornamental trees orshrubbery or horticultural plants growing on anypremises, or any packing houses, warehouses, dryhouses, store-rooms, depots, or other premises wherenursery stock, fruits, vegetables or horticulturalproducts are stored, situated or being prepared orpacked for shipment or offered for sale or held forthe purpose of delivery upon any shipment or sale,may be recovered as in this section provided. Theofficer disinfecting any premises or property grow-ing upon any premises or causing the same to bedisinfected as in this act provided shall make andkeep a full and detailed record of all acts done byhim with reference to such property or premises,stating the legal description of premises upon whichproperty disinfected was growing, the name of theowner or reputed owner, the date of inspection, thefacts found upon inspection, the date and manner ofgiving of notice to disinfect, the failure of the owneror person in charge to disinfect, the disinfection byor under the direction of the officer, and the cost andexpense thereof in detail, which record shall besigned by the officer making the same. In case thecost and expense of disinfecting any premises, or theproperty growing thereon, are not paid within fivedays after the completion of the work of disinfect-ing, the officer making such record shall make and

Ch. 141.]515

file with the county auditor of the county where suchpremises are situated two verified copies of the

Lien claim records of his acts with reference to such premisesfor disinfec-tion costs. and the charge against the same, and shall also file

a claim of lien against said premises for the amountof such charges and expenses, which said claim shallrefer to said record. Upon the filing of such verifiedrecord and claim of lien the county auditor shallrecord the said claim of lien as other lien claims are,recorded. The county auditor shall also, at the timewhen said record and claim are filed, forthwith issueproper warrants in payment for labor of men em-ployed in the work and fix a day for a hearing uponthe report before the board of county commissioners,which date shall not be less than twenty days fromthe date of said filing and shall prepare a notice ofthe filing of such record and claim and of the dateof hearing upon the same and in all proceedings thecounty shall be deemed substituted to all the rightsof laborers paid as herein provided. Said noticeshall be directed to the owner, or reputed owner, andshall give notice of the filing of said record and claimand of the amount thereof and shall also give noticeof the time and place when and where the board ofcounty commissioners will hear and determine thesame. The county auditor shall deliver said notice,together with a copy thereof, to the sheriff of thecounty in which said claim is filed and the sheriffshall make service thereof in like manner and withlike effect as herein provided for the service of noticeto disinfect and shall make return of such serviceupon the original notice and file the same with thecounty auditor before the time of hearing of thesame, and he shall also certify with said return theamount of his fees for such service, which shall bethe same as is provided for service of summons incivil proceedings. In case the amount of said claim,

516 SESSION LAWS, J921. [Ch. 141.

SESSION LAWS, 1921. -5

together with the amount of sheriff's fees and au-ditor's fees, which shall be the same as is chargedfor the filing and recording of other liens, is paid tothe county treasurer on or before the date of saidhearing before said board of county commissioners,the auditor shall, upon the presentation to him of aduplicate receipt of said treasurer for the amountabove specified, cancel the said lien in the recordsof his office and notify the board of county commis-sioners of his action in the premises. The countytreasurer shall disburse the fund received by him asabove provided to the parties entitled to receive thesame according to the record as shown in the officeof the county auditor. In case the amount of saidclaim, together with costs as above provided, is notpaid at or before the time of the hearing before theboard of county commissioners, the county auditorshall present a verified copy of said claim and recordto the said board, which shall proceed with the hear-ing upon the same and shall, if offered, hear sworntestimony concerning the matter set forth in saidrecord and claim. The record required to be kept by Disinfecting

offleer's ree-the officer disinfecting, as hereinabove provided, and ord prima

facie proof.the verified copy thereof filed with the countyauditor, shall be prima facie proof of the factstherein stated in any proceedings before the board ofcounty commissioners and in any court in any actionor proceeding where proof of such facts is competentor the validity of such charges or any tax leviedtherefor is questioned. After the hearing as hereinprovided for, the county commissioners shall makean order fixing the amount of such claim and costsand shall order the amount so fixed paid out of thecurrent expense fund of said county, and the auditorshall draw warrants for the payment of such claimas fixed by the county commissioners. The said orderof said board fixing the amount of said claim and

Ch. 141.1 517

costs shall be recorded by the county auditor as areother lien claims and shall stand as a lien in favor ofsaid county against the premises therein describeduntil cancelled as herein provided. In case theamount of said lien, together with interest thereonat the rate of six per cent per annum from the dateof said order of said board of county commissioners,is paid to the county treasurer of said county on orbefore the first Monday in October following the dateof said order and a duplicate receipt therefor of saidtreasurer is presented to said county auditor, thecounty auditor shall cancel said claim of lien in therecords of his office. Payment to the county treas-urer as above set forth shall be made by presentingto said treasurer a statement over the signature ofthe county auditor of the amount due upon said claimtogether with the amount of money shown by saidstatement to be due. Upon said payment being somade the treasurer shall stamp said statement aspaid, showing the date of said payment, and shallfile said statement so stamped in the records of hisoffice; he shall also issue a duplicate receipt for saidpayment and shall deliver one of said receipts to theparty making payment and immediately transmitone of said receipts to the county auditor. In casethe amount of said claim and costs, together with in-terest at the rate of six per cent. per annum fromthe date of said order of said board of county com-missioners, is not paid as hereinabove provided, onor before the first Monday in October following the

Unpaid lien date of said order, the board of county commis-claim to behrged as sioners shall, at the regular meeting for the levy oftax.I

taxes in the month of October following the date ofsaid order, make an order that the amount of suchclaim, costs and interests, together with a penalty ofsix per cent. thereon, shall be a tax on the premisesdescribed in said claim and collected as other taxes

518 SESSION LAWS, 1921. [Ch. 141.

SESSION LAWS, 1921,

are collected and said last named amount shall beadded to the amount of taxes levied against saidpremises for current expenses. Upon the making ofsaid order the county auditor shall mark the recordedorder of said board fixing the amount of said claimof lien "cancelled and amount hereof charged astaxes against the property." Upon the collection ofsaid tax by the county treasurer the same shall becredited to the current expense fund of the county,to be used for the expenses of horticultural in-spection.


Section 16. It shall be the duty of every person Fruit boxes,

growing or packing and selling, offering for sale orshipping in closed boxes or packages, any fruitgrown in this state, to plainly mark the same on theoutside of the box or package with the name of thevariety contained therein or with the words "varietyunknown," the name of the place of locality wheregrown and the name of the grower, or' in case of saleor shipment through an association or organizationof growers, the name of such association or organ-ization and the lot number of the grower, and, in caseof apples, pears or peaches, the net weight or thenumber contained in the package, and the grade ofapples or pears, and it shall be unlawful for any per-son to mark or place upon any such package the name Ateraton or

of any other place or locality than the place where labels.

such fruit was grown, except the place to whichshipped or to falsely mark any such package as tovariety, name of grower, association or organizationor place where grown, or to obliterate or change theoriginal marks on any such package or to re-markthe same with the name of any other grower or ofany other place than that by or in which the con-tents were grown, or in case such package is marked

Ch. 141.] 519

with the name of an association or organization ofgrowers to re-mark the same with the name of anyother association or organization, and it shall be un-lawful for any person having in his possession forsale or offering for sale or selling any fruit grownin this state and shipped in closed packages, to re-pack the same in the boxes or packages of any othergrower or shipper or from any other place, or to sellor offer for sale in closed packages, or to pack in or.offer for sale any marked box or package any fruitother than that originally contained or shippedtherein.

In addition to the marks required to be placedGrade mark- upon any closed package of fruit grown in this state,Ings.

as hereinabove provided, the grower thereof or asso-ciation or organization of growers packing the samemay mark upon the outside of such package thegrade of the fruit contained therein, either as "FirstGrade," "Grade No. 1," or "Extra Fancy"; "Sec-ond Grade," "Grade No. 2," or "Fancy"; "ThirdGrade," "Grade No. 3,1" or "C-Grade "; and "Or-chard Run," or such other designation as will indi-cate first, second or third quality of fruit and "Wash-ington Standard Pack," according to the obligatorygrading rules and regulations, issued, published andadopted by the commissioner of agriculture, and itshall be unlawful for any other person to re-markany such closed package to a higher or superiorgrade than that originally marked by the growerthereof or association or organization packing thesame, or for any person other than the grower orassociation or organization packing such fruit grownin this state to place upon any such closed packagenot marked with the grade of the contents thereofany mark or brand indicating the grade of such con-tents: Provided, That nothing in this section shallbe construed to apply to canned or dried fruit.

520 SESSION LAWS, 1921. [Ch. 141.

SESSION LAWS, 1921.


Section 17. It shall be unlawful for any grower Compiancewith rules

thereof or association or organization of growers an egula-

packing apples, or other fruit to mark the packagewith the grade of the contents, or for any person toship, sell, barter, or otherwise dispose of or offer forsale, or have in his possession for the purpose Qfsale, any package of apples, or other fruit, grownand packed within the State of Washington unlesssuch contents shall comply with the general oblig-atory rules and regulations made, adopted and pub-lished from time to time by the commissioner of agri-culture, which general obligatory rules and regula-tions shall define and establish the standard for thegrades.

It shall be unlawful (1) to mark or place upon anypackage of vegetables the name of any other place orlocality than the place where the same were grown,except the place to which shipped; or to falsely markany such package as to variety, name of grower, orplace where grown, or to represent for purposes ofsale that said vegetables were grown in any localityother than that in which they were actually grown, orby any other person than the person by whom theywere actually grown; (2) to mark, brand, advertise,offer for sale, or sell, any vegetables as graded ac-cording to, or by the name of any of the grades pro-mulgated by the commissioner of agriculture unlessthey conform to such grades; (3) to mark, brand, ad-vertise, offer for sale or sell any vegetables by thename of any grade that imitates or approaches thename of any of the grades promulgated by the com-missioner of agriculture; or (4) to have in his pos-session any packages or vegetables thus misbranded;

But it shall not be unlawful to sell vegetables asungraded, or as graded according to other standards

Ch. 141.] 521

than those adopted by the commissioner of agricul-ture, provided the name of such other grades orstandards does not closely resemble or imitate thename of any of the said official grades.

The general obligatory rules and regulations shallPublication be adopted, issued and published within thirty daysof rules andregulations. after the taking effect of this act and the commis-

sioner of agriculture is authorized and directed to inthe month of December of each year, make, adopt,issue and publish general obligatory rules and regu-lations governing the packing of apples, other fruitor vegetables and establishing and defining thegrades thereof for the ensuing calendar year and inadopting the same the commissioner is authorized toconsult and advise with fruit or vegetable growers,the officers of associations or organizations of apple,other fruit or vegetable growers or distributors ordealers in apples, other fruit or vegetables. Beforemaking the obligatory rules and regulations forwhich provision is made in this section, the commis-sioner of agriculture shall provide for a public hear-ing of horticulturalists, or vegetable growers,thereon, notice of which shall be given by mail toevery horticultural society, growers' association ormarketing organization which shall have filed withhim a notice of its existence thirty days before thedate of any such hearing, and which shall be a resi-dent of the State of Washington. For the conduct-ing of such hearing the commissioner of agriculturemay prescribe all necessary reasonable rules, butsaid rules must be such as to insure a fair, full andimpartial opportunity for all interested districts tobe heard. In establishing the grading obligatoryrules herein mentioned the commissioner of agricul-ture shall base them on the necessities and propertiesas shown in said hearing, taking into considerationthe tonnage of commercial fruit in each district of

522 SESSION LAWS, 1921. [Ch. 141.

SESSION LAWS, 1921.

the state affected by the grading obligatory rules tobe established; said rules and regulations so estab-lished to become obligatory rules and regulations andbe given the same force and effect as though enactedby the Legislature of the State of Washington, saidobligatory rules and regulations to become effectiveupon being adopted and promulgated by the commis-sioner of agriculture.


Section 18. It shall be the duty of every person Destruct ion

within forty-eight hours after removing any cuttings parts oftrees, etc.

or prunings from bacterially infected trees or plantsinfested with fruit tree leaf roller egg clusters todestroy or disinfect the same by burning orscorching.


Section 27. Upon the arrival at its point of des- Inspection ofnursery stock

tination of any nursery stock shipped into this state shipped.

from another state or county or shipped from onepoint within this state to another, it shall be the dutyof the freight agent, express agent or the.agent ofthe persons or transportation company having suchshipment in charge for delivery, unless the same isaccompanied by a certificate of inspection and ap-proval by a horticultural inspector of this state show-ing that the same was inspected and approved at theinitial point of shipment within this state, to notifythe horticultural inspector stationed nearest to thepoint where said shipment is received, of the receiptof such shipment, giving the names of the consignorand consignee and stating that such shipment isready for inspection and delivery. Said notificationmay be by telephone or telegraph, or by writtennotice delievered personally to said inspector or tosome person of suitable age and discretion at his

Ch. 141.] 523

residence or office, or by mail addressed to said in-spector at his place of residence or at his office; andit shall be unlawful for any such agent or personhaving such shipment in charge to deliver the sameto the consignee or to any other person until thesame shall have been inspectod by a horticulturalinspector: Provided, however, That such agent shallnot be required to hold such shipment more thanforty-eight hours after notifying the inspector asaforesaid, except in case the notice is given by mail,in which event such shipment shall be held for suchperiod beyond said forty-eight hours as is ordinarilyrequired for the delivery of mail to the address ofsaid inspector: And provided further, That no in-spection at the point of delivery shall be necessary ifthe shipment is accompanied by a certificate of ahorticultural inspector of this state showing inspec-tion and approval at the initial point of shipmentwithin this state as aforesaid, and upon the deliveryof such shipment to the consignee, the agent or per-son making the delivery shall deliver such certificateof inspection to the consignee and retain the dupli-cate to show his authority for making delivery with-out inspection. Any nurseryman or dealer in nurserystock within this state may demand the services ofan inspector at his place of business or point ofshipment during the shipping season by paying suchfees as agreed upon by the commissioner of agricul-ture.

Upon the arrival at its point of destination ofany shipment of fruit or vegetables shipped intothis state from another state or country, it shallbe the duty of the freight agent, express agent oragent or persons or transportation company hav-ing such shipment in charge for delivery, to notifythe horticultural inspector stationed nearest to thepoint where said shipment is received, of the receipt


of such shipment giving the names of the consignorand consignee, and upon the delivery of such ship-ment to the consignee or his order, the agent orperson making such delivery shall demand and re-ceive from the person to whom such shipment isdelivered a receipt therefor showing the name andaddress of the consignee or his order and the placeto which said shipment is to be removed, and shallthereupon mail said receipt to the horticultural in-spector stationed nearest to the point where saidshipment is received.

SEC. 10. That Section 29 of Chapter 166 of theLaws of 1915 as amended by Section 4, Chapter 195,of the Laws of 1919, be amended to read as follows:

Section 4. That Section 29 of Chapter 166 of theLaws of 1915 be amended to read as follows:

Section 29. It shall be the duty of every horti- Certifiate of

cultural inspector upon the inspection of any nurserystock, fruit or vegetables found free from diseaseand pests, to deliver to the owner or person incharge thereof a certificate of inspection over hissignature, showing the date of inspection and statingthat such nursery stock, fruit or vegetables were notinfected, which certificate in case inspection be madeat the initial point of shipment or at such placewithin a reasonable distance as requested by theshipper shall be in triplicate form and it shall beunlawful for any person to substitute for any suchnursery stock, fruit or vegetables covered by saidcertificate, or to ship, sell or dispose of any othernursery stock, fruit or vegetables than that actuallyinspected and approved under such certificate ofinspection; fees as fixed by the commissioner ofagriculture may be charged for this inspection, thesame to be collected at the time of the inspectionand paid to the county treasurer of the county inwhich the services are rendered, and by him placed

525Ch. 141.] SESSION LAWS, 1921-.

in the current expense fund of such county to beused to assist in defraying the expenses of horti-cultural inspection: Provided, That the inspectormay issue certificates of general inspection for ship-ment to points within this state in addition to theregular certificate of inspection.


Section 30. Every person violating or failingPenalty for to comply with the provisions of this act or anyviolations.

obligatory rule or regulation shall be deemed guiltyof a misdemeanor, and upon conviction thereof shallbe fined in any sum not less than $50.00, nor more

Disposition than $500.00. All fines imposed under the provisionsof fines.

of this act shall, when collected, be paid to the treas-urer of the county where imposed to be placed in thecurrent expense fund of such county and to be usedto assist. in defraying theexpenses of horticulturalinspection.


Section 31. Whenever any person is about to orActions to threatens to violate any provision of this act, orrestrain vio-lations. any obligatory rule or regulation, the commissioner

of agriculture may, with the advice of the prose-cuting attorney of the county where such violation isthreatened or of the attorney general, begin an actionin the superior court of such county in the name ofthe state upon the relation of such commissioner torestrain and enjoin such threatened violation, andin case such prosecuting attorney shall fail or refuseto begin such action upon the request of the commis-sioner, the same may be begun by or under the direc-tion of the attorney general. In such action nobond shall be required for the issuance of a restrain-ing order or injunction, but the state shall be liable


SESSION LAWS, 1921.

for any damages occasioned by the unlawful suingout of such restraining order or injunction.

SEC. 13. The commissioner of agriculture, assist- Inspectionauthorized.

ant commissioner, and all horticultural inspectorsare authorized and empowered to inspect, investi-gate and certify to shippers and other interestedparties the quality, grade and condition of fruitsand vegetables and the cars in which they are loaded,such inspection and investigation to be made undersuch rules and regulations as the commissioner ofagriculture may from time to time prescribe, includ- Fee.

ing the payment of such fees as will be reasonableand as near as may be to cover the cost for theservices rendered and such fee to be placed in thecurrent expense fund of such county to be used toassist in defraying the expenses of horticultural in-spection. Such certificates so issued shall be re-ceived in all courts of the State of Washington asprima facie evidence of the truth of the statementstherein contained.

SEc. 14. All questions of fact arising under this Appeals.

act shall be determined by the commissioner of agri-culture and there shall be no appeal from his de-cision upon said question of fact. Either grower,horticultural society, association or marketing or-ganization shall have the right to appeal to thesuperior court on questions of law.

SEC. 15. The director of agriculture shall exer- Exercise of. powers and

cise the powers and perform the duties vested in duties con-ferred,

and required to be performed by the commissionerof agriculture by this act, when such director isappointed and qualfied, and assumes and exercisesthe duties of his office.


527Ch. 141.]

SESSION LAWS, 1921.

CHAPTER 142.[H. B. 309.]

INSTITUTIONS OF HIGHER LEARNING.

AN ACT relating to the state institutions of higher education,.making provisions for the annual levy of a tax to producerevenue therefor and amending section 5049-4 of Remington& Ballinger's Annotated Codes and Statutes of Washington.


SECTION 1. The state board of equalization shall,Tax levy. beginning the fiscal year, 1921, and annually there-

after, at the time of levying taxes for state purposes,levy upon all property subject to taxation, a taxof one and ten one hundredths of one mill (1.10)for the state university fund; sixty-seven one hun-dredths of one mill (.67) for the state college.fund;twenty one hundredths of one mill (.20) for theBellingham- Normal School fund; fifteen and nine-tenths hundredths of one mill (.159) for the CheneyNormal School fund; and twelve one hundredths ofone mill (.12) for the Ellensburg Normal Schoolfund.

It shall be the duty of the joint board of highercurricula in the report to be made next precedingthe convening of the legislature in 1925 to recom-mend any changes in levy herein provided for whichthe said board may deem necessary or proper, andto give their specific grounds and reasons therefor,for the purpose of having the levy herein providedfor readjusted by the legislature of 1925.


528. [Ch. 142.

SESSION LAWS, 1921.

CHAPTER 143.(H. B. 301.]

VOTING BY ELECTORS ABSENT FROMHOME PRECINCT.

AN ACT relating to elections, authorizing electors absent fromtheir precints of residence to vote at general and primaryelections, amending sections 1, 2, 3 and 4 of chapter 189 ofthe laws of 1915, amending chapter 189 of the laws of 1915by adding thereto new sections to be known as sections 3aand 3b, respectively, and repealing section 6 of chapter 159of the laws of 1917.



Section 1. Any elector of the state who believes Authorizingabsent vot-

that he will be unavoidably absent from his home, Ing-

and more than twenty-five miles distant from theprecinct in which he is qualified to vote, may voteat general elections to be held for federal, UnitedStates senatorial and congressional, state or legis-lative officers, or propositions, or at any primaryheld for the purpose of nomination for any suchelection, in the manner provided for in this act.


Section 2. Any elector desiring to vote at any Certificate ofhome regis-

primary or general election under the provisions trationoflkcer.

of this act shall, not more than twenty days priorto any such general or primary election, procure acertificate from the registration officer of the homeprecinct of said elector certifying that said regis-tration officer is personally acquainted with saidelector; that said elector is duly registered and qual-ified to vote in said home precinct, stating the placeof residence of said elector; that said elector has

Ch. 14,2.1 529

in the presence of said registration officer affixedhis signature to said certificate at a place to bedesignated "for Signature of Absent Voter;" whichcertificate shall be executed and signed in duplicate,the .registration officer retaining one in his perma-nent files; and the elector shall in person, at anytime not less than six days prior to any such gen-eral or primary election, present said. certificate tothe county auditor of the county of his residence,and shall make, subscribe and file with the countyauditor an affidavit as follows:

Affidavit of State of Washington,County of...................

I ..................... , do solemnly swear (oraffirm) that I am a resident and qualified elector inthe................precinct of................city,in the county of..............., State of Washing-ton, duly registered as such, and am entitled to voteat the primary or general election to be held thereinon the.......day of............19..., that Iwill be absent from said precinct and more thantwenty-five miles distant from said precinct on theday of said election, and that I shall lose my voteby reason thereof unless permitted to vote in themanner provided by law for absent voting.

Subscribed and sworn to before me this........day of ............ 19...

County Auditor of ......... County.B y ...............................

Deputy.


Section 3. Upon the making and filing of theMethod of affidavit provided for in the preceding section, thevoting.

auditor shall compare the signature thereon with


SESSION LAWS, 1921.

the signature upon the certificate presented there-with, and if he is satisfied that the signatures aremade by the same person, and if the official ballotsfor such general or primary election are in thepossession of the auditor, he shall deliver to theelector a blank ballot for such election, or in thecase of a primary election a blank ballot of theparty for the candidate of which the elector desiresto vote, and also a small envelope that shall haveno mark upon it which may serve to identify it orthe ballot within it with the voter; also a largerenvelope upon which there shall be printed the nameand postoffice address of the auditor issuing thesame, and a blank affidavit in the following form:

State of.....................County of................... s.

I, . ........ . ........ . do solemnly swear that Iam a resident of and a qualified voter in..........precinct of ............... city in.............county, Washington; that I have the legal right tovote at the election to be held in said precinct on the.. day of ............... 19..., and thatI have herein inclosed my ballot for such election,duly marked as required by law in the presence of

..................... ,a.................inandfor..............county, state of.............

(Signed) .........................Voter.

Residence and address.

Subscribed and sworn to before me, a.........in and for ........... county, state of ........... ,this.........day of..............., 19....; and Ihereby certify that the affiant.................has proven himself to be the person whom he rep-resents himself to be by exhibiting to me his registra-

Ch. 143.1 531

532 SESSION LAWS, 1921. [Ch. 143.

tion certificate bearing his signature and by makinghis signature in my presence, and that I have com-pared said signatures and find them to be the same;that the affiant has exhibited to me the inclosed bal-lot and the same was unmarked; that the affiantbefore me at the same time and place marked hisballot, but in such manner that I did not see his

- vote; that he then folded, inclosed and sealed saidballot, so marked, in a small envelope, and theninclosed and sealed said small envelope in this en-velope which he handed to me sealed, to be forwardedby me by registered mail to the auditor of .......county, at................., in the state of Wash-ington.(Seal)

(Signed) .............................

in and for the county of.........State of ............ the day andyear in this certificate first abovewritten.

Upon receiving such blank ballot and envelope thevoter shall proceed, in the presence of the auditor,to mark the ballot in such manner that the auditorcannot see his vote, and fold, inclose and seal theballot in the smaller envelope, and then inclose thesmaller envelope containing the ballot in the largerenvelope, and make, subscribe and swear to the affi-davit printed on the larger envelope, and deliversuch larger envelope, together with his certificateof registration, to the auditor, who shall file andsafely keep the same until the votes are canvassedas hereinafter provided, and shall immediately notifythe officer having possession of the registrationbooks of precinct of the voter of the fact that suchvoter has voted, and the registration officer shallthereupon note upon the registration books opposite

SESSION LAWS, 1921.

the name of the voter, in the column provided forthat purpose, the word "Voted."

SEC. 4. That chapter 189 of the laws of 1915 befurther amended by adding thereto a new sectionto be known as section 3a, to read as follows:

Section 3a. In case the official ballots for the Procedurewhen ballots

ensuing election are not in the possession of the ntread for

auditor at the time the elector requests the right elector.

to vote as an absent voter as in this act provided,the auditor shall take from the elector a writtenstatement giving his name and the address, whichaddress shall be more than twenty-five miles fromhis home precinct, to which he desires to have aballot sent, and in case of a primary election a state-nient of the party for the candidates of which theelector desires to vote, and shall return to the voterhis certificate of registration. As soon as the auditorshall receive the official ballots, he shall forwardto the absent elector at the address given on thestatement a blank ballot of the kind requested, to-gether with the blank smaller and larger envelopesprovided for in the preceding sections, and shallnotify the registration officer of the absent voter'sprecinct of the fact that he has issued and mailed tothe absent voter such ballot, and the registrationofficer shall thereupon note upon the registrationbooks opposite the name of the voter, in the columnprovided for noting the votes cast, the word "Ab-sent."

The elector upon receiving the blank ballot andenvelopes shall have the right thereupon to appearbefore any officer of any city, county or state author-ized by law to administer oaths, and present hiscertificate of registration and identify himself bymaking his signature in the presence of the officerfor 'comparison with that upon the certificate ofregistration, and shall then first display the blank

Ch. 143.] 533

ballot to such officer as evidence that the same isunmarked, and then proceed to mark the ballot inthe presence of such officer but in such manner thatsuch officer is unable to see how the same is marked,and shall then fold said ballot and inclose and sealthe same in the smaller envelope and then inclosesaid smaller envelope, together with his certificateof registration, in the larger envelope and make,subscribe and swear to the affidavit printed on thelarger envelope before the officer, who shall there-upon mail said larger envelope to the county auditorwhose name and address are printed thereon, byregistered mail, at the expense of the voter; and thecounty auditor, upon receiving such absentee voterenvelopes, shall file the same in his office and shallkeep the same until the votes are canvassed as here-inafter provided, and shall notify the registrationofficer of the precinct, or, if the ballot is received onelection day, the election officers of the precinct thatthe voter, giving his name and address, has voted,and the registration officer or election officers as thecase may be shall thereupon note upon the registra-tion books opposite the name of the voter the word"Voted."

SEc. 5. That chapter 189 of the Laws of 1915be further amended by adding thereto a new sectionto be known as section 3b, to read as follows:

Section 3b. No elector opposite whose nameSurrender ot "rgsrto

blank ballot there shall appear on the registration books theupon votingin home word "voted" shall be allowed to vote at the election,precinct. and no person opposite whose name there shall ap-

pear upon the registration books the word "Absent"shall be permitted to vote at such election, unlesshe shall deliver to the election officer the blank bal-lot received from the county auditor and his certi-ficate of registration, as evidence that he has not

534 SESSION LAWS, 1921. [Ch. 143.

availed himself of the privilege of voting as anabsent voter.


Section 4. On the sixth day after any general or Procedure incounting bal-

primary election it shall be the duty of the county lt of tab.

auditor in the presence of the chairman of the boardof county commissioners and the prosecuting attor-ney to open each larger outside envelupe in such away as not to injure the seal or in any way open thesmaller inside envelope containing the ballot, or de-face the affidavit of the larger outside envelope, andto remove said smaller envelope containing the ballotand mark upon the outside of said inside envelopethe name or number of the precinct, city and countyin which the ballot is to be counted and nothingwhereby the identity of the voter can be known. Ifthe voter's affidavit on the larger envelope is in dueand regular form the envelope containing the ballotshall be signed by the opening officers above namedand approved as a valid vote. The opening officersshall then seal securely in one package the largeroutside envelopes, certificates and affidavits of votersfiled as herein provided, attached securely togetherand the same shall be kept by said auditor for futureuse in case any question shall arise as to the validityof the vote. The smaller inside envelopes contain-ing the ballots shall be filed by the auditor and keptsecurely locked until the time for canvassing thevotes of such county. Upon the canvassing of thevotes by the canvassing board of such county, when-ever any precinct is called in which there shall beon file one or more such envelopes, the board shallcause such envelopes to be opened, and shall canvassand count the same for such precinct as nearly aspossible in the same manner as such votes would havebeen counted had they been cast in such precinct,

Ch. 143.] SESSION LAWS, 1921. 535

SESSION LAWS, 1921.

entering the same in the poll book as absent voters,and shall modify the election returns of such pre-cinct accordingly. Such ballots shall become a partof the returns of such precinct and shall be keptor destroyed accordingly: Provided, however, Nosuch ballot shall be canvassed or counted unless re-ceived by the auditor within six days from the dateof said general or primary election.

aung SEC. 7. That section 6 of chapter 159 of the Lawsof 1917 be and the same is hereby repealed.


CHAPTER 144.[H. B. 203.1

INSPECTION, WEIGHING AND GRADING GRAIN, HAYAND OTHER PRODUCTS.

AN ACT amending section 12 of chapter 189, Session Laws of1919, and providing a system of discounts in the grading ofgrains, and declaring an emergency.


SECTION 1. That section 12 of chapter 189 of theSession Laws of 1919, be and the same is herebyamended to read as follows:

Section 12. The commission shall fix and estab-Grain and lish standard grades to apply to all grain and hay,hay gradestandards. bought or handled by public or terminal ware-

houses in this state. The commission shall adopt asstate grade standards all grades for grain and haynow or hereafter established by the United StatesDepartment of Agriculture. Standards for grainand hay not provided for by the United States De-

[Ch. 144.

SESSION LAWS, 1921.

partment of Agriculture shall be established orchanged only after a public hearing, notice thereofto be given by publication in three newspapers ofthe state, at least ten days prior to such hearing.The commssion may by resolution authorize theweighing and grading, upon request of any inter- Other com-

ested party, of commodities of commerce, othef than modities.

grain or hay, such as grain or hay products, rice,beans and other similar articles, nitrates and otherfertilizers, sulphur and other chemicals used in thearts or in manufacturing, when same are receivedfrom or delivered to any rail or water carrier inthe state in commercial transportation, and mayauthorize the certification of the weights and gradesthereof. Fees for such service, sufficient to coverthe cost thereof, shall be fixed by the commission.Grades may be established or changed by the com- Hearings on

change ofmission and rules and regulations governing ware- grades, etc.

housemen be promulgated after a public hearing,notice thereof to be given by publication once eachweek for two successive weeks in at least three news-papers of general circulation in the state, two ofwhich, at least, shall be in eastern Washington. Allinterested persons desiring to be heard shall be per-mitted to give testimony and such other witnessesmay be subpoenaed as the commission may deemnecessary, which witnesses shall be entitled to thesame fees and mileage as are provided for witnessesin civil actions. The commission shall after suchhearing, make and issue reasonable rules and regu-lations governing the dockage which shall be madeon inferior grades and in all executory contractsthereafter entered into where the price or amountto be paid therefor depends upon terminal weightor grade, such rules and regulations shall controlthe dockage in so far as the same affects the price to

Ch. 144.] 537

be paid, and such rules and regulations shall becomepart of the contract of sale unless expressly agreed tothe contrary in such executory contract.

It shall be the duty of the chief inspector, imme-Fucnis on diately after the establishment of grades for grain,grades, and gri haanadterules and hay, grain and hay products and peas, and thereguations. promilgation of rules and regulations fixing dock-

age, as herein provided, to supply each public andterminal warehouseman, which the records in hisoffice show is then or thereafter engaged in operat-ing such warehouses, with a copy of such grades,rules and regulations. It shall be the duty of everypublic or terminal warehouseman to keep such copyon file in a convenient place in every such warehouseand, if an office is maintained in connection withsuch warehouse, a copy of such grades, rules andregulations shall be kept on file in such office and aplacard notice posted in a conspicuous place inevery such warehouse and such office, reading asfollows:

"A CorY OF WASHINGTON RADES, RULES AND REGU-

LATIONS IS ON FILE HEBE FOR INFORMATION OF

INTERESTED PARTIES."

Every such warehouseman shall exhibit suchcopy of grades, rules and regulations to any inter-ested party applying therefor at any such warehouseor office and permit such interested party to examineand consult such copy. In all contracts hereinafterentered into for the sale of unscoured wheat, per-taining to the classes soft red winter, common white,and white club wheat, under the official grain stand-ards of the United States department of agricul-

jdiuntial. ture, and under rules adopted in Washington by thepublic service commission where the price or amountto be paid depends upon the weight or grade, no dis-count or differential shall be made on account of

538 SESSION LAWS, 1921. [Ch. 144.

SESSION LAWS, 1921.

test weight per bushel if the grain delivered undersaid contract weighs not less than 58 pounds to themeasured bushel: Provided, however, That thegrain so delivered grades number two or betterunder the standards above described. For wheatweighing in excess of 58 pounds to the measuredbushel and grades number two or better, there shallbe paid a premium over the price at country pointfor said grade at a rate of not less than eight-tenthsof one per cent for each pound test weight over theminimum of said grade when test weight is the de-termining faetor and in case of delivery on contractof grain of lower grade on account of test weightper bushel the discount or differential shall be at ariate not to exceed eight tenths of one per cent ofthe price for said grade at country point for eachpound test below the minimum test weight for thegrade on which the contract is based unless the testweight be below 55 and at a rate not to exceed oneand six-tenths per cent of the price at country pointfor each pound test below 55 down to and includingwheat having a test weight of 51 pounds per meas-ured bushel. The discount on mixed wheat may notexceed two per cent below the purchase price paidat country point for the same grade of the class ofwheat which predominates in the mixture. Said dis-counts, together with the rules and regulations aboveprovided, shall become part of every contract of saleof wheat of the classes named.

SEC. 2. That if any clause, sentence, paragraph, Pariiit

or part of this act shall, for any reason be adjudgedby any court of competent jurisdiction to be invalid,such judgment shall not affect, impair or invalidatethe remainder thereof, but shall be confined in itsoperation to the clause, sentence, paragraph or partthereof, directly involved in the controversy in whichsuch judgment shall have been rendered.

. Ch. 144.1 539

540 SESSION LAWS, 1921. [Ch. 145.

SEC. 3. This act is necessary for the immediateEmergency. preservation of the public peace, health and safety,

and shall take effect immediately.Passed the House March 3, 1921.Passed the Senate March 9, 1921.Approved by the Governor March 19, 1921.

CHAPTER 145.[H. B. 305.]

PREVENTION OF FRAUD IN TRADING IN HAY, GRAINAND OTHER PRODUCTS.

AN ACT for the prevention of fraud in the grain and hay tradeand trade in grain and hay products, peas, beans, rice, soyabeans, peanuts, copra, jute, raw rubber and similar articles,nitrates and other fertilizers, sulphur and other chemicalsfor the establishment and preservation of standards forgrain, hay, grain and bay -products, peas, beans, rice, soyabeans, peanuts, copra, jute, raw rubber and other similararticles, nitrates and other fertilizers, sulphur and otherchemicals; regulating warehousemen, shippers and buyersof such commodities; defining the duties of railroads; regu-lating track and elevator scales and track connections withindustries; providing penalties for the violation thereof andamending sections 4, 8, 16, 22, 24, 25 and 29, chapter 189 ofthe Laws of 1919, and declaring an emergency.


SECTION 1. That section 4 of chapter 189 ofthe laws of 1919 be amended to read as follows:

Section 4. The chief inspector, with the approvalAppointment of the commission, shall appoint such number of dep-of deputies,etc. uties, inspectors, samplers and weighers, who shall

be designated as inspectors, as may.be necessary toproperly and thoroughly inspect and weigh the com-modities included in the provisions of this act andsuch other employees as may be necessary. One ofsuch inspectors in each of the cities of Seattle, Ta-

SESSION LAWS, 1921.

coma, Spokane, Everett and Yakima and such otherplaces as may be designated by the commission,shall be styled Chief Deputy Inspector. The chief Bond.

deputy inspectors shall each give a surety companybond (the cost to be paid by the state) to the State ofWashington in the sum of five thousand dollars($5,000.00) to be approved by the public service com-mission of Washington (hereinafter referred to as"commission") and the attorney general, condi-tioned upon the faithful discharge of their duties.Such chief deputies shall receive such salaries perannum as the commission may determine and nec-essary traveling expenses. Each of the other in-spectors and bookkeepers shall give a surety com-pany bond (the cost to be paid by the state) to theState of- Washington in the sum of three thousanddollars ($3,000.00) to be approved by the commissionand the attorney general, conditioned upon thefaithful discharge of his duties; the inspectors andother employees shall receive such salaries as thecommission may determine. The chief deputy in-spectors, inspectors, and other employees shall be oath.required to take an oath to faithfully performtheir duties.

SEC. 2. That section 8 of chapter 189 of thelaws of 1919 be amended to read as follows:

Section 8. The cities of Seattle, Tacoma, Spo- State inspec-tion and

kane, Everett and Yakima shall be provided with weighing,

state inspection and weighing under this act. Suchother cities and towns or districts where commodi-ties included in the provisions of this act, are re-ceived or shipped by common carrier, and the ship-ments are such as would reasonably justify andrender necessary the inspection and weighing there-of, may be designated by the commission as inspec-tion points and be provided with state inspectionand weighing: Provided, That the expenditure forthe inspection and weighing at each of such points

Ch. 145.1 541

designated by the commission shall not exceed the. receipts of the fees at such place.


Section 16. In case any owner, consignee orAppeals from Shipper of any commodity included in the provisionsinspector'sgrading. of this act, or his agent or broker, or any public

or terminal warehouseman shall be aggrieved at thegrading of such commodity, such aggrieved personmay appeal to the commission from such decisionwithin thirty days .from the date of certificate bygiving notice of appeal, and paying a fee to be fixedby the commission, which shall be retained if thedecision appealed is sustained. Such notice of ap-peal may be given by a letter or other written noticeby. commission stating that such party appeals fromthe decision of the inspector and specifying the ini-tials, number and designation of vehicle or the nameof the ship in which such commodity was containedwhen inspected and graded.

The party taking such appeal shall also file withpatees In- the commission a list containing the names and ad-terested. dresses of all parties interested in the subject matter

of the appeal. It shall be the duty of the commis-sion, upon receiving such notice and list of interestedparties, to immediately notify the parties interestedof the time and place designated by it for a hearingand at such time and place, which shall be withintwenty days from the date of receiving such notice,hold a hearing and inquire into the reasonablenessand correctness of. such original grading and suchevidence shall be received, as the parties theretomay desire to offer. After such hearing the commis-sion shall make such order affirming or modifyingthe grade so established by the inspector as thefacts may justify.

eal to If the grading of any grain for which federalnsuper- standards have been fixed and the same adopted as

542 SESSION LAWS, 1921. [Ch. 145.

SESSION LAWS, 1921.

official state standards, has not been the subject of ahearing in accordance with paragraph one of thissection, any interested party, who is aggrieved withthe grading of such grain, may, with the approval ofthe Secretary of the U. S. Department -of Agricul-ture, appeal to the federal grain supervisor of the su-pervision district in which the State of Washingtonmay be located. Such federal grain supervisor shallconfer with the chief inspector or his deputies andany other interested party and shall make such testsas he may deem necessary to determine the correctgrade of the grain in question.

The federal grain supervisor shall issue, or causeto be issued, a Federal Grade Certificate to all in-terested parties, which shall state the grade of thegrain as determined by such tests, also number ofthe inspector's certificate, which is superseded bythe Federal Appeal Grade Certificate and the fol-lowing statement "This certificate is issued pursuantto the United States Grain Standards Act of SectionSixteen, Chapter 189, Laws of Washington 1919."Such Federal Appeal Grade Certificate shall beprima facie evidence of the correct grade of thegrain in any court in the State of Washington. Thefederal supervisor shall charge and assess and causeto be collected for each such appeal a fee of threedollars ($3.00), which shall be paid to the commis-sion and the same shall be refunded if the appealis sustained.


Section 22. Every public warehouseman shall Duty tostore.

receive for storage and shipment, so far as the capa-city of his warehouse will permit, all grain, hay andany commodity included in the provisions of this act,in a warehouse for this purpose, in suitable conditionfor storage, tendered him in the usual course of busi-ness, without discrimination of any kind. A ware- eeioe

543Ch. 145.]

house receipt in form prescribed by law, consecu-tively numbered, shall be issued and delivered to theowner or his representative immediately upon re-ceipt of each load or parcel of grain, hay, or othercommodity, as he may demand, giving the true andcorrect grade and weight thereof: Provided, Thatupon request of the owner, grain, hay or other com-modity shall be put.in a special pile without grading,and if grain, hay or other commodity have been wetor damaged it shall be received and piled in a specialpile, with a distinguishing mark, which shall beshown on the receipt for the same and given for thenumber of sacks only, or bales. The failure to issue,when requested, said receipt shall be subject to apenalty, as hereinafter provided.

If any public or terminal warehouseman or as-Approval of Sociation desires to remodel, change or alter or con-Plans to

eha struct a new public or terminal warehouse or mill,house or mill. in whole or in part, it shall first prepare plans and

specifications setting forth in detail all of the pro-posed changes, and submit the same to the commis-sion for its approval, and when said. commissionhas approved the plans it shall issue a permit to theinterested party asking for same. The commission'sinterest in the proposed construction is primary inthat part affecting the receiving and discharging ofgrain, hay and other commodities, both as to weigh-ing and inspecting same, and providing safeguardsfor the employees of the state.

SEc. 5. That section 24 of chapter 189 of theLaws of 1919 be amended to read a.s follows:

Section 24. On June 30th of each year everyAnnual and warehouseman shall make a report, under oath, tospecial re-Ports of the commission, on blanks or forms prepared by it,warehouse ttamen. showing the total number of sacks and weight of

each kind of grain and other commodities and balesand weight of hay, received and shipped from eachwarehouse licensed under this act, and also the

544 SESSION LAWS, 1921. [Ch. 145.

SESSION LAWS, 1921.

amount of outstanding storage receipts on said date,and a statement of the amount of grain, hay andother commodities on hand to cover the same. Thecommission may also require special reports fromsuch warehouseman at such times as the commissionmay deem expedient. The commission may causeevery such warehouse and business thereof and themode of conducting the same to be inspected by oneor more of its members or by its authorized agentwhenever proper, and the property, books, records,accounts, papers and proceedings of every suchwarehouseman shall at -all times during businesshours be subject to such inspection.


Section 25. Whenever required by the commis- Loading

sion, every railroad company shall construct and acilitie8.

maintain at each station and siding in this state,suitable facilities for the purpose of loading bulkgrain, hay or other commodities direct from wagonsinto cars for shipment. The commission may re-quire an increase in such facilities or additionalfacilities such as will protect products being loadedfrom damage by rain or sun whenever it deems itnecessary for the protection of the farm productsand to facilitate loading. Whenever hay is inspectedat shipping points, a certificate shall be issued giving Iseti o

the date of inspection, the point shipped from, the ping point.

number and the initial of the car, the kind, gradeand condition of the hay, the number of bales, andsigned by the inspector fixing the grades and makingthe inspection; such certificate to be issued in trip-licate. The original certificate shall be given to theshipper and shall be by him attached to and for-warded with and as a part of the bill of lading; theduplicate shall be sent to the main office for its files,

-18

545Ch. 145.]

and the triplicate to be retained in the files of theinspector.


Section 29. Any railroad delivering grain or haySide tracks. in cars at any of the places provided with state in-

spection under this act shall provide convenient andsuitable side tracks and loading facilities at suchplaces as the commission may designate, on whichall cars of grain or hay delivered by them shall, uponarrival, be set and arranged convenient for inspec-tion, and after inspection such railroad companyshall promptly distribute all such cars of grain andhay and set them at the proper place or places tobe unloaded as designated by the consignor or con-signee. Such railroad company shall provide at

Track scales. Such place or places as the commission may desig-nate suitable track scales for weighing cars of grainor-hay. Such scales shall be under the control of thecommission. It shall be the duty of the commissionto require the railroad company to correct all scalesso provided as often as may be necessary to insurethe correct weighing of grain or hay. Wheneverscales have been installed by any railroad companyas above provided such scales shall be used in weigh-ing all grain or hay received over the line of suchrailway and it shall be the duty of the railroad com-pany to weigh cars loaded with grain, hay or othercommodities included in the provisions of this act,while loaded and to reweigh the car when the load

Penalty for has been removed therefrom. Failure or neglectviolations.

to carry out the provisions of this act by any rail-road company shall subject it to a fine of not lessthan twenty-five ($25.00) nor more than one hundreddollars ($100.00) for each offense: Provided, Thatif any terminal warehouse in inspection cities areprovided with proper scales and weighing facilities,the Chief Inspector or his deputy may weigh the

546 SESSI.ON LAWS, 1921. [Ch. 145.

SESSION LAWS, 1921.

grain upon the scales so provided. The commission snae or

at least once each year cause to be examined, tested ites.

and corrected all scales used in weighing grain orhay in any of the cities designated as inspectionpoints in this act or such places as may be herein-after designated, and after such scale is tested, if,found to be correct and in good condition, to sealthe weights with a seal provided for that purposeand issue to the owner or proprietor a certificate au-thorizing the use of such scales for weighing grainor hay for the ensuing year, unless sooner revokedby the commission. If such scales be found to be in-accurate or unfit for use, the commission shall no-tify the party operating or using them, and theparty thus notified shall, at his own expense, thor-oughly repair the same before attempting to usethem, and until thus repaired to the satisfaction ofthe commission, the certificate of such party shallbe suspended or revoked, in the discretion of thecommission. The party receiving such certificateshall pay to the commission a reasonable fee forsuch inspection and certificate to be fixed by the com-mission, which sum shall be paid into the statetreasury. It shall be the duty of the said commissionto see the provisions of this section are strictlyenforced.

SEC. 8. When the director of agriculture shall Exercise ofpowers and

be appointed, qualify, assume and exercise the duties di!3.con-

of his office, under the provisions. of chapter 7 of thelaws of 1921, he shall, through and by means of thedivision of agriculture, exercise all the powers andperform all the duties by this act vested in, and re-quired to be performed by, the Public service Com-mission of Washington.

SEC. 9. ThiS act is necessary for the immediate Emergenly.

preservation of the public peace, health and safety.and for the support of the state government and

Ch. 145.] 547

its existing institutions, and shall take effectimmediately.


CHAPTER 146.[H. B. 192.]

DIKING DISTRICTS.

AN ACT relating to diking districts, and amending sections 1946-1,1946-2, 1946-3, 1946-6 and 1946-21 Pierce's Code.


SECTION 1. That section 1946-1 Pierce's Code bemended to read as follows:

Section 1946-1. Any portion of a county requir-organization ing diking may be organized into a diking district,of, author-ized. and when so organized, such district, and the board

of commissioners hereinafter provided for, shallhave and possess the power herein conferred or thatmay hereafter be conferred by law upon such districtand board of commissioners, and said district shallbe known and designated as diking district No......(here insert number) of the county of ...... (hereinsert the name of county) of the State of Washing-ton, and shall have the right to sue and be sued byand in the name of its board of commissioners here-inafter provided for, and shall have perpetual suc-cession, and shall adopt and use a seal. Thecommissioners hereinafter provided for, and theirsuccessors in office, shall, from the time of the or-ganization of such diking district, have the power,and it shall be their duty, to manage and conductthe business and affairs of the district; make and


SESSION LAWS, 1921.

execute all necessary contracts, employ and appointsuch agents, officers and employees as may be re-quired, and prescribe their duties, and perform suchother acts as hereinafter provided, or that may here-after be provided by law.

SEc. 2. That section 1946-2 Pierce's Code beamended to read as follows:

Section 1946-2. For the purpose of the forma- How formed.

tion of such diking districts a petition shall be pre-sented to the board of county commissioners of thecounty in which said proposed diking district islocated, which petition shall set forth the object forthe creation of said district; shall designate theboundaries thereof and set forth therein the numberof acres of land to be benefited by the proposed dik-ing system, and shall also contain the names of allthe record owners of land within said proposeddistrict, (so far as known), and shall contain a briefdescription of the proposed system of diking, theroute over which the same is to be constiucted,together with the proposed spurs or branches, if anythere may be, and the termini thereof, and set forththe further fact that the establishment of said dis-trict and the proposed system of diking will be con-ducive to the public health, convenience and welfare,and increase the public revenue, and that the estab-lishment of said district and said system of dikingwill be of special benefit to the property includedtherein. Said petition shall be signed by such anumber as own at least a majority of the acreage inthe proposed district, and shall pray that the samebe organized under the provisions of this chapter.Said petitioners shall, at the time of the filing ofsaid petition, file a bond with said commissioners,running to the State of Washington, in the penalsum of five hundred dollars, with two or moresureties, to be approved by the board of county com-

Gh. 146.] 549

missioners, conditioned that they will pay all costsin case said district, for any reason, shall not beestablished.

SEC. 3. That section 1946-3 Pierce's Code beamended to read as follows:

Section 1946-3. Said petition shall be presentedPetition. at a regular or special meeting of the board of

county commissioners of said county, and shall bepublished for at least two weeks in two successiveissues of some weekly newspaper printed and pub-lished in said county, and in case no such newspaperbe printed or published in such county, then in somesuch newspaper of general circulation therein, be-fore the time at which the same is to be presented,together with a notice stating the time of the meetingat which the same shall be presented. When suchpetition is presented for hearing, the board of countycommissioners shall hear the same, or may adjournsaid hearing from time to time, not exceeding onemonth in all; and any person or corporation mayappear before said board of county commissionersand make objections to the establishment of saiddistrict, or the proposed boundary lines thereof, andupon a final hearing said board of county commis-sioners shall make such changes in the proposedboundaries as they deem to be proper, and shallestablish and define such boundaries, and shall as-certain and determine the number of acres of landthat will be benefited by said proposed system ofdikes, and shall find whether the proposed dikingsystem will be conducive to the public health, wel-fare and convenience, increase the public revenue,and be of special benefit to the majority of the landincluded within the said boundaries of said proposeddistrict so established by said board of county com-missioners: Provided, That -no changes shall bemade by said board of county commissioners in said


SESSION LAWS, 1921.

boundary lines to include any territory outside ofthe boundaries described in said petition: Providedfurther, That any person or persons owning landwithin the proposed boundaries and who did notsign said petition, or any person, persons, or corpo-rations owning land not included within the pro-posed boundaries, may file a petition with the boardof county commissioners asking that the proposedboundaries be extended to include other lands de-scribed therein; setting forth in said petition thereason therefor; but no person, persons, or corpora-tions not owning lands included within the bound-aries, as originally petitioned for, shall have theright to file such petition unless they ask thereinto have their own lands included within the proposedboundaries: Provided, Any corporation owningland included within the boundaries described in theoriginal petition, may also petition the board ofcounty commissioners for an extension of the pro-posed boundaries: Provided further, That theboundaries of any diking district heretofore orhereafter established may be extended by the boardof county commissioners to include other lands insaid county, upon petition signed by the owners ofa majority of the acreage of said land within theproposed extension; which said petition for exten-sion shall set forth and contain, with reference tothe extension, such matters and things and data sofar as applicable, as is provided for in the petitioniequired for presentation to the board of countycommissioners for the purpose of the formation ofthe original diking district: Provided further, Thatall necessary expense incident to making such ex-tension, together with a proportionate share of thefirst cost of any system of dikes existing in the origi-nal diking district at the time of making such exten-sion, shall be levied against and apportioned to theland included in such extension, as in this act pro-

Ch. 146.] 551

vided. In such case, the board of county com-missioners shall give like notice as providedfor in this section of the hearing of the originalpetition, and the final hearing thereof may, in suchcase, be continued from time to time, for a period ofnot exceeding sixty days; and if, upon final hearing,the board of county commissioners deem it advisableand to the best interests of all concerned, they maygrant the prayer of said petitioners in whole or inpart, and said board of county commissioners ofsuch county shall enter an order on the records oftheir office setting forth all facts found by them uponthe final hearing of said petition, and which may beadduced by them from the evidence heard upon thefinal hearing thereof.

SEC. 4. That section 1946-6 Pierce's Code beamended to read as follows:

Section 1946-6. A general election for the elec-Election tion of a board of dike commissioners for such dis-commission- inoaborofdkcomsinrfosuhi-ers. trict shall be held upon the first Tuesday after the

first Monday in March, 1916, and annually there-Term of after. The term of office of commissioners shall beoffice.

for three years and until their successors are electedand qualified, but of the commissioners elected at thefirst election held under the provisions of this actthe commissioner receiving the highest number ofvotes shall hold office for three years. The commis-sioner receiving the second highest number of votesshall hold office for two years, and the commissionerreceiving the third highest number of votes shallhold office for one year. The term of office shallbegin on the first Monday of the following April,and such election shall be held in accordance withthe general election laws of the State of Washing-ton for the election of county and state officers, andthe expenses thereof shall be defrayed by said dis-trict, and the judges, clerks and inspectors of said


election shall each receive as compensation for theservices rendered at such election the sum of twodollars per day: Provided, That at least thirty Notice.

days' notice immediately preceding any such generalelection shall be given thereof by the board of com-missioners of such diking district, by posting thesame in four public places within said district. Saidnotice shall contain the names of two electors of thecounty owning land in the district as judges of saidelection and the name of one elector of the countyowning land in the district as inspector thereof, thesame to be chosen by said board of commissioners.Said board of commissioners shall be a canvassingboard to canvass the votes of each election, and theyshall meet the day following such election and can-vass said votes and declare the result thereof andissue certificates of election.

SEc. 5. That section 1946-21 Pierce's Code beamended to read as follows:

Section 1946-21. Said board of dike commis- Powers andduties of

sioners hereinbefore provided for shall have the commission-

exclusive charge of the construction and mainte-nance of all dikes or dike systems which may beconstructed within the said district, and shall be theexecutive officers thereof, with full power to bindsaid district by their acts in the performance oftheir duties, as provided by law. In case of vacancyor vacancies occurring in said board by the death,failure to elect, failure to qualify, resignation orremoval of one or more of the members thereof fromsaid district, such vacancy or vacancies shall be filledat once from the freeholders and qualified electorsof the county owning land in the district by thejudge of the superior court of said county, and saidappointee shall serve the unexpired term, or untilthe next general election or until a successor iselected and qualified: Provided, That in counties

Ch. 146.] SESSION LAWS, 1921. 553

where there may be more than one superior judge,the judge eldest in age shall make such appointment.


CHAPTER 147.[H. B. 199.]

SCHOOL CODE AMENDMENTS.

AN ACT relating to school district bonds, and amending sections

5110 and 5116 Pierce's Code.


SECTION 1. That section 5110 of Pierce's Code

(Laws 1919 Chapter 9) be amended to read asfollows:

Section 5110. The board of directors of anyBond issues. school district provided for in this act, or hereafter

created in this state may borrow money and issuenegotiable coupon bonds therefor to any amount notto exceed five (5) per cent of the taxable propertyin such district, as shown by the last assessmentroll for county and state purposes previous to theincurring of such indebtedness; except that in in-corporated cities the assessment shall be taken fromthe last assessment for city purposes, for the pur-pose of funding outstanding indebtedness, or bondsheretofore issued, or issued under the provisions ofthis act, or for the purchase of a school house siteor sites for buildings or playgrounds authorized bylaw, erecting one or more school houses, an admin-istration building and all other buildings authorizedby law and providing the same with all necessaryfurniture, apparatus or equipment, or for any or all


SESSION LAWS, 1921.

of these purposes, when authorized by vote of thedistrict so to do, as provided in the next section:Provided, That the bonds so issued shall bear a rateof interest not to exceed six (6) per cent per annum,interest payable annually or semi-annually, payableand redeemable at such time as may be designatedin the bonds. All school district bonds shall be pay-able within a period of not to exceed twenty-threeyears from date, except when issued by districts ofthe first class for the purpose of acquiring buildingsor playground sites, or for erecting buildings of apermanent character, in which case they shall bemade payable in semi-annual or annual installments,beginning the third year over any period not exceed-ing forty years from date: And provided further,That from and after July 1, 1919, all bonds issuedby any school district shall be issued in serial form.

SEC. 2. That section 5116 of Pierce's Code(Laws 1911 p. 390) be amended to read as follows:

Section 5116. The county commissioners must Redemption

ascertain and levy annually, in addition to the schooldistrict tax, the tax necessary to pay the interestupon such bonds as it becomes due, and at the expi-ration of one-half of the time for which said bondsare to run, and annually thereafter, until full pay-ment of said bonds is made, they shall levy, in addi-tion to the tax required to pay the interest suchamount for sinking fund to meet the payments ofsaid bonds at maturity, to be determined by dividingthe amount of bonds outstanding by the remainingnumber of years to run, and the fund arising fromsuch levy shall be kept as the bond redemption fundof said district, and each of said tax levies shall bea lien upon the property of said district, and mustbe collected in the same manner as the taxes forother school purposes: Provided, That the countytreasurer, when authorized to do so by the board of

Ch. 147.] 555

directors of any school district, may invest any ac-cumulated or other sinking fund of said districtin general bonds or warrants of the State of Wash-ington, or of any school district, city or countytherein, if the maturity of the bonds precedes thematurity of the bonds for which said sinking fundis being accumulated, and all profits accruingfrom such investment and the fund so in-vested shall revert to the sinking or other fundof said district, and the county treasurer shall becustodian of all bonds or warrants purchased by andwith the said sinking fund, until the same are re-deemed: And provided further, That the countytreasurer, when authorized to do so by the board ofdirectors of any school district, may purchase andredeem any of the outstanding bonds of said district,paying for said bonds out of the accumulated sink-ing fund of the district; all revenues provided forin this section shall constitute a separate fund, tobe known as the bond redemption fund.


CHAPTER 148.[H. B. 198.]

RIGHTS OF WAY OVER STATE LANDS.AN ACT relating to the piblic lands of the State, granting rights

of way thereon, and amending sections 7686 and 7687 Pierce'sCode.


SECTION 1. That section 7686 Pierce's Code(Laws 1919 Chapter 97) be amended to read asfollows:

Purposes for Section 7686. A right of way through, over andwhich grantsauthorized, across the public lands of the State of Washington


SESSION LAWS, 1921.

is hereby granted to any municipal or private cor-poration, company, association or individual, con-structing or proposing to construct, or which hasheretofore constructed, any telephone line, ditch,flume or pipe line for the domestic water supplyof any municipality, or transmission line for thepurpose of generating or transmitting electricityfor light, heat or power.

SEC. 2. That section 7687 Pierce's Code (Laws Procedure toobtain grant.

of 1919 Chapter 97) be amended to read as follows:Section 7687. In order to obtain the benefits of

this grant, such municipal or private corporation,company, association or individuals constructing orproposing to construct, or which has heretoforeconstructed, such telephone line, ditch, flume, pipeline or transmission line, shall file with the Boardof State Land Commissioners a map, accompaniedby the field notes of the survey and location of suchtelephone line, ditch, flume, pipe line, or transmis-sion line, and shall pay to the state as hereinafterprovided the amount of the appraised value of saidlands and improvements, if any, used for or includedwithin said right of way. The land within said rightof way shall be limited to an amount necessary forthe construction of said telephone line, ditch, flume,pipe line, or transmission line sufficient for the pur-pose required, together with sufficient land on eitherside thereof for ingress and egress to maintain andrepair the same, and shall include the right to cutall standing timber within a radius of 200 feet oneither side of said telephone line, ditch, flume, pipeline, or transmission line, which shall be dangerousto the operation and maintenance of the same.


5MCh. 148.]

SESSION LAWS, 1921.

CHAPTER 149.[H. B. 164.1

POWERS OF STATE PARKS COMMITTEE.

AN Ac relating to parks, parkways and state lands, and provid-ing penalties for the act.


SECTION 1. The state parks committee shallAppointment have the power to appoint and employ an executiveof secretary apit epoof eek secrotary who shall have such powers and performcommittee. powersar pwhoor

such duties as may be prescribed by the committee.Powers of SEC. 2. The state parks committee shall havecommittee.

power:(1) To have the care, charge, control and super-

vision of all parks and parkways heretofore or here-after acquired or set aside by the state for parkor parkway purposes.

(2) To plant trees along public highways inthe non-forested or other area of the state, and tocare for the same.

(3) To adopt, promulgate, issue and enforcerules and regulations pertaining to the use, care andadministration of state parks and parkways. Everysuch rule and regulation shall become effective tendays after its adoption. The committee shall causea copy of the rules and regulations to be kept postedin a conspicuous. place in every state park to whichthe same are applicable, but failure to post or keepany rule or regulation posted shall be no defense toany prosecution for the violation thereof.

(4) To permit the use of state parks and park-ways by campers and the public generally under suchrules and regulations as shall be prescribed asaforesaid.

(41,/) To clear, drain, grade, seed and otherwiseimprove and or beautify any parks and parkways,

558 (Ch. 149.

SESSION LAWS, 1921.

and to erect structures, buildings, fireplaces, com-fort stations and build and maintain paths, trailsand roadways through an or on parks and parkways.

(5) To grant concessions in state parks andparkways, upon such rentals, fees or percentage ofincome or profits and for such terms, in no eventlonger than five years, and upon such conditions asshall be approved by the committee. No concessionshall be granted which will prevent the public fromhaving free access to the scenic attractions of anypark or parkway, but the committee may in its dis-cretion itself impose fees upon campers upon stateparks and parkways. All fees received by the com-mittee shall be deposited in the state park andparkway fund.

(6) To employ such assistance as it may deemnecessary.

(7) To select and to purchase, lease or in anymanner acquire for and in the name of the State ofWashington such tracts of land, including shoreand tide lands, for parks or parkway purposes asit shall deem proper, subject to the following pro-visions; (a) No tract, except tracts acquired bydonation or bequest, and timbered tracts whichabutt upon a public highway, actually constructedor located or projected shall be acquired unless theacquisition thereof be specifically authorized by theLegislature. (b) If the committee cannot acquireany tract which it is authorized to acquire, at a priceit deems reasonable, then the committee is herebyvested with power to obtain title thereto, or any partthereof, by condemnation. Such condemnation shallbe conducted by the attorney general and the pro-ceedings therefor, in so far as practicable, shall beany which now is or may hereafter be authorized forthe condemnation of rights of way for statehighways.

Ch. 149.] 559

(8) To cooperate or to join with the UnitedStates, any county or counties, city or cities of thisstate, in any matter pertaining to the acquisition forpark or parkway purposes of any area within thisstate not within the city limits of any city, and inthe care, control or supervision of any park or park-way now or hereafter acquired which shall be sosituated, and, when deemed advisable by the com-mittee, to enter into any contract in writing withany such public organization or organizations, itsor their officer or officers board or boards, to thatend. . All parks or parkways, to the acquisition orimprovement of which the state shall have contrib-uted or in whose care, control or supervision thestate shall participate pursuant to the provisionsof this section, shall in so far as practicable be gov-erned by the provisions of this act, including thepenal provisions thereof.

(9) To investigate and report to the Governoron or before the first day of January next precedingthe regular session of the Legislature regardingany proposed park or parkway, and in such reportto make recommendations respecting other regionsin the State of Washington desirable for state parkor parkway purposes, either on account of theirhistorical interest, their natural beauty or otherwise.

SEC. 3. The state parks committee shall alsoAdditional have the power subject to approval of the Legisla-powers. hv h oe ujc oapoa fteLgsa

ture to receive in trust any money donated or be-queathed to it, and to carry out the terms, if any,of such donation or bequest, or, 'in the absence ofsuch terms, to expend the same as it may deem ad-visable for park or parkway purposes. Money soreceived shall be deposited in the state treasury.

SEC. 4. Whereas the value of land with standingWithdrawal timber is increasing from year to year and willof grantedlands from continue to increase, and no loss will be caused tosale.

560 SESSION LAWS, 1921. [Ch. 149.

SESSION LAWS, 1921.

the common school fund or other fund into whichthe proceeds of the sale of any land held by thestate would be paid by postponing the sale of suchlands, therefore, the commissioner of public landsmay, upon his own motion, and shall, when directedso to do by the state parks committee, withdrawfrom sale any land held by the state abutting onany public highway and certify to the committeethat such lands are withheld from sale pursuant tothe terms of this act. Such lands withheld as afore-said shall not be sold until directed by the Legisla-ture, and shall in the meantime be under the care,charge, control and supervision of the committee.

SEC. 5. The commissioner of public lands may, Withdrawalof lands not

upon his own motion, and shall, when directed so to acquiredfrom United

do by the state parks committee, withdraw from States.

sale any land held by the state and not acquireddirectly from the United States with reservationsas to the manner of sale thereof and the purposesfor which the same may be sold, and certify to saidcommittee that such lands are withheld from salepursuant to the terms of this act. All such landsshall be under the care, charge, control and super-vision of the state parks committee, and any suchlands may, after appraisal in such manner as thecommittee may direct, be exchanged for land ofequal value abutting upon a public highway, and tothis end the chairman and secretary of the com-mittee are hereby authorized to execute deeds ofconveyance in the name of the State of Washington.

SEc. 6. All state parks and parkways, subject Dedication ofpublic parks,

to the provisions of this act, shall be and hereby are etc.

set apart and dedicated as public parks and park-ways for the benefit and enjoyment of all of thepeople of this state.

SEC. 7. The members of the state parks com- Powers ofcommittee.mittee and such of its employees as the committee

Ch. 149.] 561

shall designate shall be vested with police powersto enforce the laws of this state.

SEc. S. Every person who shall-

(1) Cut, break, injure, destroy, take or removeviolations any tree, shrub, timber, plant or natural object in

. any park or parkway;(2) Kill, cause to be killed, or pursue with in-

tent to kill, any bird or animal in any park orparkway;

(3) Take any fish from the waters of any parkor parkway, except in conformity with such generalrules and regulations as state parks committee mayprescribe;

(4) Wilfully mutilate, injure, deface, or destroyany guide post, notice, tablet, fence, enclosure orwork for the protection or ornamentation of anypark or parkway;

(5) Light any fire upon any park or parkway,except in such places as the state parks committeeshall have authorized, or wilfully or carelessly per-mit any fire which he has lighted or caused to belighted or which shall be under his charge, to spreador extend to or burn any of the shrubbery, trees,timber, ornaments or improvements upon any parkor parkway, or leave any camp fire which he shallhave lighted or which shall have been left in hischarge, unattended by a competent person, withoutextinguishing the same;

(6) Place within any park or parkway or affixto any object therein contained, without a writtenlicense from the state parks committee, any word,character or device designed to advertise any busi-ness, profession, article, thing, exhibition, matter orevent;

(7) Violate any rule or regulation adopted,promulgated, or issued by the state parks committeepursuant to the provisions of this act;

Shall be guilty of a misdemeanor.

562 SESSION LAWS, 1921. [Ch. 149.

SESSION LAWS, 1921.

SEC. 9. The state parks committee shall succeed er 1"O0to all the files and records of the heretofore existing m issoners.

state board of park commissioners.

SEC. 10. Nothing herein contained shall be con- Scope of act.

strued to repeal, by implication or otherwise, anyexisting criminal statute of this state.

SEC. 11. In case any section or portion of this Partialvalidity.act shall be held to be unconstitutional or invalid,it shall not affect the remainder of the act.

SEC. 12. For the purpose of carrying out the Arr io.

provisions of this act, there is hereby appropriatedfrom the State Park and Parkways Fund, the sumof fifty thousand ($50,000.00) dollars (in no case toexceed the amounts placed to the credit of this fund.


CHAPTER 150.[H. B. 180.]

EXTERMINATION OF NOXIOUS WEEDS.

AN ACT relating to noxious weeds, and authorizing the countycommissioners to create and administer weed districts andto levy a tax therefor.


SECTION 1. For the purpose of preventing, de- Creation ofweed dis-stroying or exterminating any and all weeds or trictsdis

plants including Scotch Broom now classed, or here- thorized.

after to be classed by the department of agricultureor 'the director of Business Control of this state,as noxious weeds or plants detrimental to or de-

Ch. 150.] 563

structive of crops, fruit trees, shrubs, valuableplants, forage or other agricultural plants or prod-ucts, and to prevent the introduction, propagation,cultivation or increase in number of any of theabove described weeds or plants, the board of countycommissioners of any county may create a weed dis-trict or districts within such county, and may en-large any district or territory contained in a largerterritory within the whole county, or reduce anydistrict, or create or combine or consolidate dis-tricts, or divide or create new districts, from timeto time in the manner hereinafter set forth.

SEc. 2. Whenever one or more freeholders, own-Petition for ing more than fifty per cent of the acreage desiredinclusion.

to be included in a proposed weed district, shallpetition that their land be included, either separatelyor with other lands designated in the petition, in adistrict to be formed for the purpose of preventing,destroying or exterminating any and all weeds asdescribed in section 1 of this act, or that such landsbe included within a district already formed by theenlargement of such district, or a new district ordistricts to be formed out of a district or districtsthen in existence or out of territory partly in dis-tricts already formed and not included in any dis-

* trict, and such petition states the boundaries ofsuch districts, which shall include not less than foursections of land, the board shall fix a time for thehearing of such petition arid shall give at leastthirty days' notice of the time and place of suchhearing by posting copies of such notice in threeconspicuous places within the proposed district andposting one copy of such notice at the court houseor place of business of the board, and by mailingcopies of such notice to each of the land owners inthe petition to the addresses named therein and acopy to the State Land Commissioner, providedthe state owns land in the district.

564 SESSION LAWS, 1921. [Ch. 150.

SESSION LAWS, 1921.

* SEC. 3. Upon the hearing of such petition the Hearing and

board shall determine whether such district shallbe created and, if so, shall fix the boundaries thereof,but shall not enlarge the boundaries of proposeddistricts, or enlarge or change the boundary orboundaries of any district or districts alreadyformed without first giving notice to all parties in-terested, as provided in section 2 of this act: Pro-vided, however, That the boundary of such districtshall be along an established road or along scab,uncleared, or grazing land except lands in WesternWashington infested in Scotch Broom: Providedalso, That no scab, uncleared, or grazing land shallbe included in such district, except such as shalllie wholly within the cultivated or farming landsin the district petitioned for. Any quarter sectionof land 75 % of which is cultivated for farming shallbe considered cultivated and farming land for thepurposes of this act.

SEC. 4. If the board shall find that the lands to DesignationOf district.

be included will be benefited by the creation of sucha district or districts, or the changing thereof, itshall designate the territory included therein asweed district No......... for........ county.

SEC. 5. The county treasurer shall be ex-oflicio Collection oftax levies.

treasurer for each of such districts so formed andthe county assessor and other county officers shalltake notice of the formation of such district or dis-tricts and shall be governed thereby according tothe provisions of this act. The tax levies as here-inafter provided for shall be extended on the taxrolls against the property liable therefor the sameas other taxes are extended, and shall become a partof the general tax against such property and becollected and accounted for the same as other taxesare, with the terms and penalties attached thereto.The moneys so collected shall be held and disbursed

Ch. 150.1 565

as a special fund for such district and shall be paidout only on warrants issued by the county auditorupon voucher approved by the board of countycommissioners.

SEc. 6. The board of county commissionersSupervision. shall have general supervision of the methods and

means of preventing, destroying and exterminatingany noxious weeds as in this act defined, and of theexpenditure of the funds of such district to accom-plish the purposes for which such funds were raised.Any member of the board of county commissionersengaged in the administration of this act shall beentitled to his actual expenses and his per diem ascounty commissioner the same as if he were doingother county business.

SEC. 7. Whenever there shall be included with-Inclusion of in any weed district lands belonging to the county,county orstate lands. the board of county commissioners shall determine

the amount of the tax for which such lands wouldbe liable if the same were in private ownershipfor each subdivision of forty acres or fraction there-of. The assessor shall transmit to the county commis-sioners a statement of the amounts so due fromcounty lands and the county commissioners shallappropriate from the current expense fund of thecounty sufficient money to pay such amounts. When-ever any state, granted, school or other public landsof the state shall be situated within any weed dis-trict organized under the provisions of this act,the county treasurer shall certify annually and for-ward to the Commissioner of Public Lands or tothe State Board of Control (or Director of BusinessControl) (if such lands are occupied by or used inconnection with any state institution) a statementof the amounts assessed against said lands underthe provisions of this act separately describing eachsuch lot or parcel of the state's lands and the Com-

[Ch. 150.SESSION LAWS, 1921.566

SESSION LAWS, 1921.

missioner of Public Lands shall then certify saidstatement to the State Auditor and the State Boardof Control (or Director of Business Control) shallcause a proper record to be made in its office of suchcharges against the lands occupied by the state in-stitutions or used in connection therewith and shallcertify said statement to the State Auditor and theState Auditor at the next session of the Legislatureshall certify to the Legislature the amount of suchcharges against the lands of the state and the Legis-lature shall provide for the payment of the samewith interest, by appropriation out of the generalfund of the state, provided that no penalty shall beprovided or enforced against the state and no in-terest on the assessments levied greater than sixper cent per annum shall be attached to or allowedby the state on the charges so certified under theprovisions of this act.

SEC. 8. No district shall be permitted to con- Contractuallimitations.

tract obligations in excess of the estimated revenuesfor the two years next succeeding the incurring ofsuch indebtedness and it shall be unlawful for thecounty commissioners to approve of any bills whichwill exceed the revenue to any district which shallbe estimated to be received by such district duringthe next two years.

SEC. 9. Upon complaint of any freeholder or Complaints.

lessee of said district the county commissioners shallinvestigate and determine whether on any tract ortracts of land within the district the weeds are beingproperly destroyed or exterminated according tolaw. If they determine that such weeds are not be-ing so destroyed or exterminated, they shall orderthem exterminated in the manner provided in sec-tions 126, 127, 128, 129 and 130 Pierce's Code, 3040to 3042-2 inclusive of Rem. & Bal. Code, except thatfor the purposes of this act the term "road super-

Ch. 150.1 567

SESSION LAWS, 1921.

visor" as used in said sections 126, 127, 128, 129and 130 Pierce's Code, 3040 to 3042-2 inclusive shallbe held and construed to mean and include anyperson designated by the county commissioners toreport, investigate or exterminate such noxiousweeds: Provided, That this section shall not applyto such weeds growing among growing grain.


CHAPTER 151.[H. B. 129.1

UNINCORPORATED AREA WITHIN CERTAINFIRST CLASS CITIES.

AN ACT relating to the incorporation of areas lying wholly withinthe limits of certain cities of the first class,


SECTION 1. Any unincorporated area now lyingArea wholly within the limits of any city of the first classbecomes partof city. having a population of 250,000 or upwards is hereby

declared to be incorporated in, and to become a partof, the territorial limits of such city, and same shallbe subject to the jurisdiction, laws and ordinancesrelating thereto: Provided, That no property sosituated and so incorporated shall ever be taxed orassessed to pay any portion of the existing indebt-edness of such city at the time this act shall takeeffect and contracted prior to, or existing, at thedate of the passage of this act.

Passed the House Frebruary 23, 1921.Passed the Senate March 7, 1921.Approved by the Governor March 21, 1921.

568 [Ch. 151.

SESSION LAWS, 1921.

CHAPTER 152.[H. B. 230.]

LEASING OF STATE LANDS FOR PETROLEUM ANDNATURAL GAS.

AN ACT relating to the leasing and re-leasing of state lands forthe mining and extraction of petroleum and natural gas,amending sections 6499, 6502, and 6502b Pierce's Code andadding thereto a new section numbered 6502c.


SECTION 1. That section 6499 Pierce's Code(Laws 1919 Chapter 155) be amended to read asfollows:

Section 6499. No lease or re-lease shall be Minimum

made by the state for any sum less than fifteencents per acre for the first year, thirty cents per Royalty.

acre for the second year, forty cents per acre forthe third year, fifty cents per acre for the fourthyear, and sixty cents per acre for the fifth year, andeach year thereafter during the term of the lease,and in addition thereto the said lease shall providethat the state shall be entitled to receive a sum notless than ten per cent of the gross value of all pe-troleum and natural gas extracted from the landdescribed in the lease during the term of said lease,payable semi-annually during said term: Provided,That all rentals accruing during the period of actualproduction shall at each semi-annual royalty. pay-ment date be deducted from royalties to be paid tothe state. The term "gross value" shall be inter-preted to mean the value of the oil or gas at the wellwhen produced, without deduction for expense ofproduction. The term of any such lease shall notexceed twenty years.

SEC. 2. That section 6502 Pierce's Code (Laws1919 Chapter 155) be amended to read as follows:

Section 6502. All leases under the terms of this Land must

chapter shall be deemed to be void and of no effect

Ch. 152.] 569

[Ch. 152.

unless the lessee or his assigns shall commence thework of drilling or boring for petroleum oil and gaswithin such period as may be designated by thecommissioner of public lands, not exceeding fiveyears from and after the date of the execution ofsuch lease: Provided, That such work of develop-ment shall proceed continuously and at no time ceasefor a greater period than ninety (90) days: Andprovided further, That whenever oil or natural gasbe discovered by such work in paying quantitiesthen no further work need be done under the termsof such lease than to mine, secure and store thesame, but failure to operate after discovery of oilor natural gas in paying quantities for any periodof ninety (90) consecutive days shall work a for-feiture of the lease: Provided, however, That if inthe event of any failure to operate as continuouslyas herein provided, such failure to operate shouldbe due to no fault or negligence of the lessee, or -iffor any sufficient reason such as market conditions,lack or failure of transportation or from other goodand sufficient cause, the best interests of the Stateof Washington and the lessee should make desirableand expedient a temporary suspension of operationand production, then and in any such event thecommissioner may from time to time grant permitor permits for such suspension of operation andproduction without in any way affecting the validityof the lease.

SEC. 3. That section 6502-b Pierce's Code(Laws 1919 Chapter 155) be amended to read asfollows:

Section 6502-b. If, at the expiration of any suchReleaselease for the mining and extraction of petroleumconditions. laefrtemnn n xrcino erlu

or natural gas, or any renewal thereof, the lesseedesires to re-lease the lands covered thereby, hemay make application to the commissioner of publiclands for a re-lease. Such application shall be made


within thirty days after the expiration of the lease,and shall be in writing and under oath, settingforth the character and value of all improvementsexisting on the land, the name and postoffice addressof the owner thereof, the purpose for which he de-sires to re-lease the land, and such other informationas the commissioner of public lands may require',and shall be accompanied with a deposit of ten dol-lars ($10.00), which deposit, if the land be notleased, through the failure or refusal of the appli-cant to accept a lease at the rate fixed by the com-missioner of public lands, shall be forfeited to thestate and by the commissioner paid to the statetreasurer and credited to the general fund of thestate. The commissioner of public lands may, uponthe filing of such application, cause the lands to beinspected by a state land inspector; and if he deemsit for the best interests of the state to release saidlands. he shall fix the rental value thereof, whichrental value shall in no case be less than the origi-nal rental provided in this act, and, upon receiptof the first year's rental, together with the fees re-quired by law, the commissioner of public landsshall issue to the applicant a renewal lease for anyperiod not exceeding twenty years. The commis- Removal of

sioner of public lands shall notify the applicant by improve-

mail, of the rental value fixed, and if, within thirtydays after the date of such notice, the applicantfails or refuses to pay to the commissioner of publiclands the first year's rental, together with. thestatutory fee for issuing a lease, the applicationshall be rejected and the applicant thereunder per-mitted to remove such improvements from the landas may be removed without injury thereto, withinninety days from such rejection; the commissionerof public lands may cause such of the improvementsremaining as in his judgment will add value to theland for leasing purposes to be appraised, in the

SESSION LAWS, 1921. 571Ch. 152.1

same manner as in the case of the sale of land, offerthe land for lease at public auction to the highestbidder, as provided for original leases, and if thesuccessful bidder be not the owner of the improve-ments, he shall deposit with the officer making thesale the appraised value of the improvements. Theamount so deposited as the appraised value of theimprovements, together with the first year's rentaland the fees required by law, shall be transmittedto the commissioner of public lands, and upon con-firmation of the lease by the commissioner of publiclands, the amount so deposited in payment for theimprovements shall be disposed of by the commis,sioner of public lands in the same manner as in thecase of the sale of the land: Provided, That no bidshall be received for less than the minimum pricefixed by the commissioner of public lands.

SEC. 4. That a new section be added to Pierce'sCode to be numbered 6502c to read as follows:

Section 6502c. The owner and holder of anySurrender of lease for the mining and extraction of petroleumexistinglease and and natural gas issued under any law heretoforelieu lease is-sued. existing shall have the right within ninety days

after this act takes effect to surrender such lease tothe commissioner of public lands and have issued tohim in lieu thereof a lease under the provisions ofthis act upon complying with the terms hereof, inwhich event all unearned rental paid on the sur-rendered lease shall apply in full toward rental onthe lease issued in lieu thereof.

SEC. 5. This act shall not take effect unless andWhen act until the Congress of the United States shall havetakes effect.

passed an act consenting to and permitting the leas-ing of lands the title to which had passed to andvested in the State of Washington, because notknown to contain deposits of minerals, oil, oil shale,or gas, at the date of the admission of the state


into the Union, or when such title is held to haveotherwise attached, pursuant to the enabling actapproved February 22, 1889, and acts amendatorythereof, for the development and mining of suchdeposits of mineral, oil, oil shale or gas, for suchterms as the Legislature of the State of Washing-ton may prescribe not exceeding twenty years, andsaid act shall have been approved or shall becomea law.


CHAPTER 153.[H. B. 231.1

AGRICULTURAL AND VEGETABLE SEEDS.

AN ACT relating to agricultural and vegetable seeds, providingfor the licensing of dealers therein, prescribing penalties,and amending sections 5, 7, 9, 10, 13, 14 and 16 of chapter183 of the laws of 1919.


SECTION 1. That section 5 of chapter 183 of thelaws of 1919 be amended to read as follows:

Section 5. No person shall sell, offer or expose Packages,how marked.

for sale or distribution for the purposes of seeding,in packages of one pound or more, any seeds ofclovers (trifolium), alfalfa (medicago sativa), wheat(triticum), barley (hordeum), rye (secale cereale),oats (avena sativa), bromo grass (bromus inermis),meadow fescue (festuca pratonsis), tall oat grass(arrhenatherum avenae), orchard grass (dactylisglomerata), perennial rye grass (lolium perenne),Italian rye grass (lolium italicum), timothy (phleumpratonse), red top (agrostis alba), in or from any


receptacle unless such receptacle, package, sack orbag, or a label securely attached thereto, be markedin plain legible type or script with:

(a) The commonly accepted name of the seed.(b) The approximate percentage by weight of

purity and the germination and date of test.(c) If grown in this state the words "grown

in Washington." If imported into this state thename of such state or country in which it was grown.

(d) The name and address of seedsman.Wheat (triticum), barley (hordeun), rye (secale

cereale), oats (avena sativa) or other agriculturalseeds, when designated by variety name, or asspring, fall or winter seeds, shall be construed ascoming under the provisions of this act.

SEc. 2. That section 7 chapter 183 of the lawsof 1919 be amended to read as follows:

Section 7. Every lot of agricultural seedsSeed mix- which is a mixture of the seed of two or more speciestures, howlabeled. of grasses, or of clovers, or of both and which is

sold, offered or exposed for sale, or had in posses-sion with intent to sell within this state as a mixtureof the seeds of two or more species of grasses, orof clovers, or. of both, shall have affixed thereto ina conspicuous place on the exterior of the containerof such mixtures of seeds, a written or printedlabel in the English language in a plain legible typeor script containing a statement specifying:

(a) That the agricultural seed contained there-in is a mixture.

(b) The name and approximate percentage byweight of each kind of agricultural seed present insuch mixture in excess of two (2) per cent by weightof total mixture.

(c) The approximate percentage by weight ofweed seeds contained in such mixtures when in ex-cess of one (1) per cent.


SESSION LAWS, 1921.

(d) The percentage by weight of inert matterin such mixture: Provided, That the term "inertmatter" shall include within its meaning all mate-rials which are not of plant origin, all portions ofplant tissue which do not enclose seed or seeds, andall fragments of seeds which do not contain theessential elements of the embryo or germ of suchseed.

(e) The full name and address of the seedsman,importer, dealer, or agent, or other person or per-sons, firm or corporation, selling, offering or ex-posing the said mixture for sale within the state.


Section 9. No person shall sell, offer or expose Adulterationwith weed

for sale or distribution for the purpose of seeding, seeds.

any agricultural seeds as herein defined, unlesssuch agricultural seeds contain less than one (1) totwenty thousand (20,000) of the following weeds:

Quack grass (agropyron repons)Canada thistle (Onieus arvensis)Dodder (Cuscuta specuas)Corn cocle (Lychnis githago)Fanweed (Thlaspi arvenso)SEC. 4. That section 10 of chapter 183 of the

laws of 1919 be amended to read as follows:Section 10. (a) No person shall sell, offer or

expose for sale or distribution for the purpose ofseeding any agricultural seeds as herein definedwhich shall contain more than (1) to twenty-fivehundred (2,500) of the seeds under examination ofthe following weeds:

Russian thistle (Salsola postifer)Charlock (Brassica arvensis)Jim Hill mustard (Sysmbrium albissimum)Plant in buckhorn(Plantago Lancoolata)Bindwood (Convolvulus sepium)

Ch. 153.1 575

or more than one (1) to one thousand (1,000) underexamination of the seeds of wild oats (Avena fatua).

(b) Weed seeds of any other kind than thosementioned in section 9 and section 10, paragraph(a), when found in any sample of agricultural seedshall be classed as impurities therein and whenpresented in quantities exceeding two per cent ofthe sample, either singly or in combination, the ap-proximate percentage of each shall be stated onthe label attached to the container or stamped onthe container itself.

The director of agriculture may make regula-tions determining the species of noxious weedswhich shall be included with those mentioned insection 9 or section 10, paragraph (a).

SEC. 5. That section 1.3 of chapter 183 of thelaws of 1919 be amended to read as follows:

Misbranding, Section 13. For the purposes of this act, seedwhat consti-tutes shall be deemed to be misbranded:

1. When meadow fescue (festuca olatior pra-tonsis), English rye grass (lolium perenne) or Ital-ian rye grass (loliUm italicum.) is labeled or soldunder . the name of orchard grass (dactylisglomerata) seed.

2. When Canadian blue grass (poa comnpressa)seed, red top (agrostis alba) seed, or any other seednot blue grass seed, is sold under the name of Ken-tucky blue grass or blue grass (pop pratonsis) seed.

3. When yellow trefoil (medicago lupulina),burr clover (medicago denticulate), or sweet clover(molilotus alba) is sold under the name of clover,June clover, red clover (trifolium pratense), mediumred clover, small red clover, mammoth red clover,sappling clover, peavine clover (T. pratense var) oralfalfa (medicago sativa) seed.

4. When seeds are not true to the name underwhich they are sold.

576 SESSION LAWS, 1921. [Ch. 153.

SESSION LAWS, 1921.


Section 14. (a) The director of agriculture Analysesand tests.

shall maintain a laboratory with proper equipmentfor the analysis, grading and making of other testsunder this act.

(b) Any citizen of this state shall have theprivilege of submitting to the director of agriculture,samples of agricultural and vegetable seeds for testand analysis subject to such rules and regulationsas may be adopted by said director of agriculture,provided that the director of agriculture may bysuch regulations fix the maximum number of samplesthat may be tested free of charge for any one citi-zen in any one period of time and fix charges fortests or samples submitted in excess of those testedfree of charge.


Section 16. It shall be the duty of the said di- Inspection.

rector of agriculture, either by himself or his in-spectors or assistants, to inspect, examine, and takesamples of any agricultural seeds stored, sold,offered or exposed for sale or distribution withinthis state for seeding purposes, at such time, andplace, and to such extent as he may determine.

The director, supervisor, inspectors, or assist- ot.s and

ants shall have free access at all reasonable hoursupon and into any vessels, ferries, premises or struc-tures, to make examination of any agricultural seedswhether such seeds are upon the premises of theowner or consignee of such seeds or on the prem-ises or in possession of any warehouse, elevator,railway or steamship company; and he is herebygiven authority in person or by his inspectors orassistants upon notice to the dealer, his agent orrepresentative of any warehouse, elevator, railway

-19

Ch. 153.1 577

or steamship company, if present, to take for analy-sis a sample of such agricultural seeds from aparcel, package, lot or other container or numberof parcels, packages, lots, or other containers; saidsample shall be thoroughly mixed and divided intotwo samples of at least two ounces each and securelysealed. One of said samples shall be left with, oron the premises of the vendor or party in interest,and the other retained by said director of agricul-ture or his agent for analysis.

The said director, supervisor, inspectors, and as-sistants shall be vested with all necessary powersfor the proper execution of their duties, includingall actions or procedure needful-to secure evidenceof fraud and dishonest dealing in or the fraudulentadvertising of seed.

Prosecution for violation of this act shall beProsecutions. brought in the proper court by the prosecuting at-

torney of the county in which said violation oc-curred, upon complaint of the director, supervisor,inspectors or assistants.

All moneys received from license fees, fines, costsof fines, imposed and recovered under the provisions of thisetc. act shall be paid to the director of agriculture, or his

agents, and by him paid into the state treasury tothe credit of the seed fund to be used to assist in de-fraying costs of inspection and analysis and gradingof agricultural and vegetable seeds under the pro-visions of this act.

The director, supervisor, or inspectors shall havethe power whenever he shall deem it necessary to callupon the attorney general for aid in the prosecutionof all cases arising under the provisions of this act.

Whoever violates any of the provisions named inPenalty forviolation of this act, or who shall attempt to interfere with theact.

inspectors or assistants in the discharge of the dutiesnamed therein, shall be guilty of a misdemeanor andupon conviction shall be fined not less than twenty-


SESSION LAWS, 1921.

five dollars ($25.00) and costs for the first offenseand not less than one hundred dollars ($100.00) andcosts for the second or any subsequent offense.

SEC. 8. It shall be unlawful for any person Licenserequired.

firm or corporation to engage in, conduct, or carryon the business of selling, dealing in or importinginto this state for sale or distribution any agricul-tural or vegetable seed, without first having obtainedfrom the director of agriculture and having in forcea license so to do. The license fee shall be ten (10)dollars for those engaged in a regular seed businessoffering or exposing for sale or distribution for thepurposes of seeding agricultural or vegetable seeds.All licenses shall bear the date of issue and shallexpire on the first day of July next following thedate of issue. The director of agriculture may pub-lish from time to time, in bulletins or reports, a listof those licensed under this act.

SEC. 9. The director of agriculture shall have nules an]regulations.

the power to adopt, promulgate, and enforce rulesand regulations for the grading of alfalfa, alsikeclover, red clover, white clover, timothy or otheragricultural seeds sold for seeding purposes.

SEC. 10. The commissioner of agriculture shall Exercise ofpowers and

have the power and it shall be his duty to exercise duties.

all the powers and perform all the duties by thisact vested in and imposed upon the director of ag-riculture until such time as the director of agri-culture shall be appointed and qualified and assumeand exercise the duties of his office.


Ch. 153.]1 579

SESSION LAWS, 1921.

CHAPTER 154.

[H. B. 273.]

CONTROL AND MANAGEMENT OF COUNTY ROADS.

AN ACT relating to roads and fixing the compensation of roadcommissioners, and amending section 5577 of Remington &Ballinger's Annotated Codes and Statutes of Washington.



Section 5577. Each county commissioner shall

coini yIo -be ex-officio road commissioner of the several roaddistricts. districts in his commissioner district, and shall see

that all of the orders of the board of county commis-sioners pertaining to roads in his district are prop-erly executed: Provided, When in any county themembers of the board of county commissioners arenot elected by districts, it shall be the. duty of theboard of county commissioners, by proper orderto be entered on its records, to diyide such countyinto commissioners' districts to correspond withthe number of members of such board, and to as-sign to each member of the board one of such dis-tricts, of which he shall be such road commissioner:Provided, That for time actually spent in the per-formance of their duties as road commissioners theyshall be entitled to the same compensation as is pro-vided by law for their services as county commis-sioners: Provided, however, That the compensationprovisions of this act shall not apply to countycommissioners whose annual salaries are fixed bylaw.


580 [Ch. 154.

SESSION LAWS, 1921.

CHAPTER 155.[H. B. 315.]

GENERAL APPROPRIATIONS.

AN ACT making an appropriation for the purchase of land for,construction of buildings at, for maintenance of, and sundryexpenses at the various State Institutions, schools and Stateoffices, and for the sundry civil expenses of the State govern-ment, and for miscellaneous purposes for the fiscal term be-ginning April 1st, 1921, and ending March 31st, 1923, exceptas otherwise provided, and making appropriations for cer-tain deficiencies, and declaring that this act shall take effectimmediately.


SECTION 1. The following sums or as much Appropria-tions

thereof as shall severally be found necessary, are authorized.

hereby appropriated out of any monies in the sev-eral funds of the state treasury hereinafter namedin payment of the salaries of certain officers andemployees of the state, and for the operation andmaintenance of, and construction of buildings at,and other expenses for, and various state institu-tions and officers hereinbelow designated and men-tioned, and for the other divers purposes hereinafterexpressed, and for the fiscal term beginning April1st, 1921, and ending March 31st, 1923, and as here-inafter or otherwise particularly specified theamount appropriated for all buildings for state in-stitutions, whether penal, charitable, educational orreformatory to be expended under the direction ofthe board having control.

SEC. 2. The captions "Salaries and wages Terms

and "Supplies, Material and Service " include allexpenses incidental to the "Operation and Mainte-nance" of institutions and departments. Also, theterm "Supplies, Material and Service " includesPullman and parlor car fares for state officialsand employees traveling on state's business. Ex-

Ch. 155.] 581

582 SESSION LAWS, 1921. [Ch. 155.

penditures are of two classes, viz: Outlay (newconstruction and equipment) and Operation andmaintenance (running expense). The first relatesto the purchase of property, buildings, land andequipment and the making of new improvements.Whatever creates additional value, i. e., augmentsthe state's assests, is an "Outlay" as herein con-sidered. The term "Operation and Maintenance"is applied to simply operating the machinery ofgovernment and keeping it in running order-anytransaction which does not produce a bettermentor increase over and above the o'riginal value belongsunder this head.

FROM THE GENERAL FUND.Governor. FOR THE GOVERNOR'S OFFICE:

Salary of Governor.................. $12,000 00Salaries and wages................. 27,000 00Supplies, material and service ...... 9,000 00Capital outlays .................... 1,000 00Purchase and maintenance auto. 10,000 00Investigation and survey of public

lands ........................... 15,000 00Extradition expenses and examina-

tion into infractions of law andrewards ......................... 20,000 00

Total for Governor's office................... $94,000 00

Governor's FOR THE GovERNOR'S MANSION:mansion.

Maintenance of every kind, and en-tertainment, to be disbursed onvouchers approved by the Gover-nor ............................. $15,000 00

Refurnishings, repairs and improve-m ents ........................... 3,000 00

Total ....................................... $18,000 00

Lieutenant FOR THE LIEUTENANT GOVERNOR:Governor.

Salary of Lieutenant Governor ...... . $2,400 00Hotel bills while attending sessions

of legislature and when ActingGovernor ...................... 1,000 00

Total for Lieutenant Governor.............. $0$3,400 00

Ch. 155.] SESSION LAWS, 1921.

FOR THE ATTORNEY GENERAL'S OFFICE:

Salary of Attorney General......... .. $6,000 00Salaries and wages.................55,460 00Supplies, material and service........21,920 00Printing ........................... . 4,000 00Capital outlays ..................... 450 00Legal and other expenses in special

rate or public utility litigation... 25,000 00

.Total for Attorney General................... $112,830 00

FOR THE STATE AUDITOR'S OFFICE:

Salary of Auditor................... $6,000 00Salaries and wages................. 34,200 00Supplies, material and service...... 7,300 00Capital outlays .................... 1,000 00

Total for Auditor's Office...................

FOR THE STATE BOARD OF EQUALIZATION:

Not to exceed $1,000 per year..................

FOR THE STATE BOARD OF FINANCE:

Salary of Secretary ................. $4,800 00Expenses .......................... 1,200 00

Total for State Board of Finance............

FoR COMMISSIONER OF PUBLIC LANDS:

Salary of Commissioner ...........Salaries and wages...............Supplies, material and service ......Capital outlays ....................Special investigations, and collec-

tions and surveys...............Examination and appraisal of lieu

lands ..... ... ......

$10,000132,152

57,5002,610

00000000

$48,500 00

$2,000 00

$6,000 00

Commis-sioner ofPublicLands.

16,500 00

7,800 00

Total for Land Commissioner'soffice .....................................


Salary of Secretary...............Salaries and wages...............Supplies, material and service......Capital outlays...................

Total for Secretary of State's

$6,000 0036,800 0018,000 002,500 00

$226,562 00

Secretaryof State.

office ..................................... $63,300 00

583AttorneyGeneral.

VetoedL. F. H.

Auditor.

Board ofequalization.

Board offinance.

584Printingexpert.

SESSION LAWS, 1921.


Printing expert ....................

[Ch. 155.

$4,200 00

Treasurer. FOR THE STATE TREASURER'S OFFICE:

Salary of Treasurer................ $6,000 00Salaries and wages ................ 51,000 00Supplies, material and service...... .. 10,500 00Capital outlays ................... 2,000 00

Total from General Fund for StateTreasurer's office ........................

FROM THE FISHERIES FUND.

FOR THE STATE TREASURER'S OFFICE:

Salaries and wages................. $7,500 00Supplies, material and service ....... 1,500 00

Total from Fisheries Fund for theState Treasurer's office ...................

FROM THE GENERAL FUND.

Initiative, Referendum, Recall and Con-stitutional Amendments ....................

$69,500 00

$9,000 00

$50,000 00

Supreme FOR THE SUPREME COURT:Court.

Salary of Judges .................. $114,679 00Salary of clerk..................... 6,000 00Salaries and wages................. 25,000 00Supplies, material and service....... 8,635 00Capital outlays .................... 2,500 00

Total for the Supreme Court................. $156,814 00

Supreme FOR THE SUPREME COURT REPORTER:Courtreporter. Salary of reporter................... $7,000 00

Salaries and wages................. 8,800 00

Supplies, material and service ...... 5,800 00

Total for Supreme Court Reporter............ $21,600 00

Law FoR STATE LAw LIBRARIAN:library. Salary of Librarian................. . $6,000 00

Salaries and wages................. 3,600 00Supplies, material and service....... .. 2,650 00Capital outlays ..................... 12,350 00

Total for State Law Libritrian................ $24,600 00

SESSION LAWS, 1921.

FOR BAR EXAMINERS:

Salaries and wages ............... $4,140 00Supplies, material and service ..... 1,860 00

Total for Bar Examiners..................... $6,000 00

FoR SUPERIOR COURT JUDGES:

Salary of Judges ................. $221,136 85Supplies, material and service ...... 7,000 00Traveling expenses, (deficit term end-

ing March 31, 1921 .............. 500 00

Total for Superior Court Judges.............. $228,636 85

FOR INSURANCE COMMISSIONER:

Salary of Commissioner ............ .. $10,000 00Salaries and wages.................53,240 00Supplies, material and service ....... 22,800 00Capital outlays..................... 1,250 00Examination insurance companies. 9,700 00Investigation of supposed incendiary

fires ........................... 17,500 00

Total for Insurance Commis-sioner ...................................

SUPERINTENDENT OF PUBLIC INSTRUCTION:

Salary of Superintendent ........... . $6,000 00Salary of assistant superintendent... 4,800 00Salary of deputy superintendent .... 6,000 00Salary of executive secretary ....... 3,600 00Clerk hire ......................... 22,600 00Supplies, material and service ...... 32,000 00Capital outlays .................... 1,200 00

Total Superintendent of PublicInstruction .............................

RURAL SCHOOL EDUCATION:

Salaries and wages ................. $12,000 00Supplies, material and service ...... 8,700 00

Total Rural School Education..............

$114,490 00

PublicInstruction.

$76,200 00

$20,700 00

HIGH SCHOOL DEPARTMENT:

Salaries and wages ....... $6,000 00Supplies, material and service ..... 4,500 00

Total High School Department................ $10,500 00

585Barexaminers.

Superiorcourts.

InsuranceCommis-sioner.

Ch. 155.]1

586 SESSION LAWS, 1921. [Ch. 155.

STATE BOARD OF EDUCATION:

Salaries and wages ................ $860 00Supplies, material and service ..... 3,000 00

Total State Board of Education............... $3,860 00

VOCATIONAL EDUCATION:

Salaries, wages and clerk hire ...... .$17,500 00Supplies, material and service ...... 8,200 00Capital outlays .................... 300 00

Total Vocational Education ................... $26,000 00Total Superintendent of Public

Instruction; all departments ............... $137,260 00

Traveling FOR THE TRAVELING LIBRARY:library. Salary of Superintendent ........... .$3,600 00

Salaries and wages ................ 7,600 00Supplies, material and service ...... 4,800 00Capital outlays .................... 8,000 00

Total for the Traveling Library ............... $24,000 00

Criminal FOR CRIMINAL COST BILLS .......................... $27,000 00cost bills.

FOR THE DEPARTMENT OF BUSINESS CONTROL:Businesscontrol. Salary of Director ................. . $12,000 00

Salaries and wages ................. 80,000 00Supplies, material and service ..... 25,500 00Capital outlays .................... 1,500 00

Total, Administrative ........................ $119,000 00

Capitol CAPITOL BUILDINGS AND GROUNDS:buildings and Salaries and wages .... ..... $67,040 00

Supplies, material and service ..... 63,300 00Capital outlays ................... . 1,500 00

Total Capitol Buildings andGrounds .................................. $131,840 00

Revolving FOR REVOLVING FUNDS-DEPARTMENT OF BUSINESSfund. CONTROL:

Purchasing Division (To be account-ed for in full April 30, 1923) .................. $150,000 00

Farm and DIVISION OF FARM AND INDUSTRIAL MANAGEMENT:Industrialmanagement. Industrial and farm work at state In-

stitutions. (To be accounted forin full April 30, 1923) ....................... $100,000 00

Ch. 155.] SESSION LAWS, 1921. 587

FROM THE CAPITOL BUILDING CONSTRUCTION FUND.

DEPARTMENT OF BUSINESS CONTROL: Business

Furniture and furnishings (Temple control.

of Justice ...................... $20,000 00Furniture and furnishings (Insur-

ance building ................... 50,000 00

Total furniture and furnishings .............. $70,000 00

FOR THE STATE PENITENTIARY: Penitentiary.

Salaries and wages ................. $88,000 00Supplies, material and service ..... 213,490 00Repairs and improvements ......... . 10,000 00Capital outlays ..................... 13,500 00

Total ...................................... $324,990 00

OPERATION OF JUTE MILL:

Salaries and wages ................ $30,000 00Supplies, material and service ..... 140,000 00

Total for State Penitentiary.................. $494,990 00

STATE SCHOOL FOR BLIND: School forSalaries and wages .................. $34,931 00 blind.

Supplies, material and service ..... 45,369 00Capital outlays .................... 13,500 00Maintenance ...................... 5,000 00

Total........................................ $98,800 00

STATE SCHoOL FOR DEAF: School for

Salaries and wages ................. .$65,000 00 deaf.

Supplies, material and service ..... 75,000 00Capital outlays .................... 5,000 00Maintenance ....................... 5,000 00Expenses students to Gallaudet

College ......................... 2,500 00

Total ...................................... $152,500 00

STATE SCHOOL FOR GIRLS: School for

Salaries and wages ................ $42,048 00 girls.

Supplies, material and service ..... 63,072 00Maintenance ....................... 8,000 00Capital outlays .................... 5,000 00

Total ...................................... $118,120 00

588 SESSION LAWS, 1921. [Ch. 155.

Training STATE TRAINING SCHOOL:school.

Salaries and wages ................ $50,260 00Supplies, material and service ..... 117,275 00Maintenance ....................... 8,000 00Capital outlays .................... . 14,300 00

Total ....................................... $189,835 00

(Training school is to be paid fromC. E. P. & R. I. fund until ex-hausted. Balance from GeneralFund.)

Reforma- WASHINGTON STATE REFORMATORY:tory.

Salaries and wages................ $76,650 00Supplies, material and service . 178,850 00Maintenance........................10,000 00Capital outlays ..................... 68,750 00

Total ...................................... $334,250 00

Deportation DEPORTATION OF ALlEN AND NON-RESIDENT INSANE:of insane.

Salaries and wages, supplies, mate-

rial and service............................. $25,000 00

Hospitals EASTERN STATE HOSPITAL:and insane.

Salaries and wages ................ $197,100 00

Supplies, material and service ...... 350,400 00Maintenance ........................ 27,000 00Capital outlays .................... . 50,000 00

Total ...................................... $624,500 00

WESTERN STATE HOSPITAL:

Salaries and wages ................ $258,420 00Supplies, material and service ...... .387,630 00Maintenance ....................... 62,200 00Capital outlays .................... 135,900 00Foundation stock ................... 25,000 00

Total ...................................... $869,150 00

Custodial care of U. S. Governmentpatients to be repaid by U. S.government ..................... $200,000 00

Total Western State Hospital................$1,069,150 00

Ch. 155.] SESSION LAWS, 1921. 589

NORTHERN STATE HOSPITAL:

Salaries and wages ................ $183,960 00Supplies, material and service ..... 254,040 00Capital outlays .................... 179,500 00Maintenance ....................... 20,000 00

Total ...................................... $637,500 00

STATE CUSTODIAL SCHooL: Custodialschool.

Salary of Superintendent .......... . $6,000 00Salaries and wages ................ 113,000 00Supplies, material and service ..... 231,000 00Maintenance ........................ 10,000 00Capital outlays ................... 31,000 00

Total ...................................... $391,000 00

FOR THE SOLDIERS' HOME AND COLONY: Soldiers'home and

Salary of Superintendent .......... ... $3,600 00 colony.Salaries and wages ................ 58,275 00Supplies, material and service ..... 75,625 00Maintenance ........................ 25,000 00Capital outlays ..................... 7,500 00

Total ...................................... $170,000 00

SOLDIERS' HOME COLONY:

Maintenance ....................... $45,360 00

Total for Soldiers' Home andColony .................................. $215,360 00

FOR THE WASHINGTON VETERANS' HOME: Veterans'home.

Salaries and wages ................ $77,112 00Supplies, material and service ...... 198,288 00Maintenance ........................ 15,000 00Capital outlays .................... 6,500 00

Total ...................................... $296,900 00

PAROLE DEPARTMENT: Parole of

Salaries and wages ................ ... $21,960 00 prisoners.

Supplies, material and service ..... 28,500 00

Total, Parole Department.................... $50,460 00

TRANSPORTATION DEPARTMENT: Transporta-tion of

Salaries and wages ................. $26,640 00 convicts,Supplies, material and service ...... 70,000 00 etc.

Total Transportation Department............. $96,640 00

590 SESSION LAWS, 1921. [Ch. 155.

FOR TILE WOMEN S INDUSTRIAL HOME AND CLINIC:

Vetoed Salaries and wages ................. $41,000 00L.F.F. Supplies, material and service ..... 80,000 00

Maintenance ....................... 5,000 00

Total Women's Industrial Homeand Clinic ............................... $126,000 00

State FOR TILE STATE LIBRARY:library.

Salary of Librarian................. $3,600 00Salaries and wages, supplies, mate-

rial and service ................. 7,500 00Capital outlays .................... 2,500 00

Total ..................................... $13,600 00

Capitol FOR TILE.STATE CAPITOL COMIlTTEE:committee. Salaries and wages ............... . $2,995 00

Supplies, material and service ..... 2,005 00

Total ....................................... $5,000 00

Archives FOR TILE STATE ARCHIVES COMMITTEE:committee.

Expenses and expenditures of allkinds ....................................... $1,500 00

CHARITABLE INSTITUTIONS:

Pacific Coast Rescue and ProtectiveSociety, Everett ................ . $3,000 00

Children's Home, Tacoma ........... 3,000 00White Shield Home, Tacoma ....... 3,000 00Lebanon Home, Ballard ............ .. 3,000 00

Vetoed Theodora Home, Seattle ........... .. 3,000 00L. e. IL.Florence Crittenden Home, Seattle. 3,000 00Florence Crittenden Home, Spokane. 3,000 00Salvation Army Home, Spokane .... 3,000 00Ladies G. A. R., Puyallup ........... 3,000 00Kitsap County Children's Relief As-

sociation ........... :........... 3,000 00

Total ................................... $30,000 00Care Care of graves, Spanish WarSpanish varveterans' veterans ........................ 180 00graves.

Total ....................................... $30,180 00Bounties. Bounties on wild animals.......................... $35,000 00Warrant . Guaranteed interest on shore landinterest.

improvement warrants ......................... $24,000 00PresidentialElectors. For Presidential Elector........................... $70 00

Ch. 155.1 SESSION LAWS, 1921. 591

Fon SUPERIOR COURT JUDGES: Superior* court judges.

Salary of judges (deficiency) ........ . $8,636 85Traveling expenses (deficiency)..... 500 00

Total, Superior Court Judges................. $9,136 85

STATE BOARD OF LAw EXAMINERS: Lawexaminers.

(Not to exceed collections)

Expenses of all kinds, including PerDiem (deficiency) ........................... $500 00

For state aid for tuberculosishospitals ....................... $175,000 00

For state aid for tuberculosishospitals (deficiency) .......... 10,500 00

Total ...................................... $185,500 00

FOR THE SUPREME COURT: Supremecourt.

Salary of Judges. (Deficiency) .... $677 39

FOR THE STATE HISTORICAL SOCIETY: Historical

Salary of Secretary................. $3,600 00 society.

Salaries and wages, supplies, mate-. rial and service ............... 8,900 00

Capital outlays ..................... 10,740 00

Total, State Historical....................... $23,240 00

Foa TOPOGRAPHIC AND HYDROGRAPHIC SURVEY: Surveys.

Expenses of all kinds........................... $35,000 00

FOR LOCAL IMPROVEMENT ASSESSMENT: Localimprovement

For local improvements as certified assess mentsby State Auditor: and miscel-

Gilman's Addition ................. $162 70 laneous.

Claremont Addition ............... 35 46Pleasant Ridge Div. of Green Lake.. 45 88State Addition No. 4 .............. 637 16Seattle Tide Lands ................ . 13,612 66Skagit County 1919 Dike and Ditch.. 523 83Skagit County 1920 Dike and Ditch.. 724 91Town of Sultan, District No. 21 .... 112 90Ellensburg Normal School ......... 964 75Cheney Normal School ............. 10,440 31Bellingham Normal School ......... 3,556 94Western Washington Experiment

Station ......................... 523 05School for the Deaf ................ 3,783 56For the Children's Orthopedic Hos-

pital of Seattle ................. 50,000 00 L .F.H.

592 SESSION LAWS, 1921. [Ch. 155.

FOR RELIEF OF ALBERT E. PARKER, TRUSTEE:

Refund on Tide Land Contract No.4867 cancelled, land owned byTJ. S. Government ........................... $220 71

FOR RELIEF OF SEATTLE AND PORTLAND RAILROAD Co.:

Refund duplicate payment for right-of-way No. 110 ............................... $94 80

FROM THE GENERAL FUND

Judgments. JUDGMENTS:

Estate of Chas. B. Smith vs. Stateof Washington ................. $99 18

State of Washington vs. McPhersonBros. Co. ......................... 13 20

State of Washington vs. Chas.Moneymaker ..................... 89 78

D. H. King vs. State of Washington. 1,771 08State of Washington vs. Progressive

Motion Picture Co. ............. 15 73Amos Lewis and wife vs. State of

W ashington .................... 22 38Alma Lister, Executrix, vs. State

Auditor ........................ 19 68Joe Forstell vs. State of Washington. 854 83Herman Howe vs. State of Wash-

ington ......................... 40 76State of Washington vs. D. M. Rado-

vich and wife .................. 26 86State of Washington vs. Miro Boich

and wife ....................... 26 86State of Washington vs. City of

Tacom a ........................ 1,882 87State of Washington vs. Austin

Corbin ......................... 64 91

Relief. FOR RELIEF OF J. H. BROWN:Expenses as secretary Public Service Commission $264 05

Foa RELIEF OF ARTHUR L. Hoop 9 :

Legal services assisting Attorney General........ .. $500 00

FOR RELIEF OF JOE GROTE:

For horses and mules destroyed by order of StateVeterinarian .............................. $2,288 25

FoR RELIEF OF CITY OF BELLINGHAM:

Local Improvement District 410, North SideTrunk Road. NW'4 of SW'4, Sec. 16, Twp. 38,R. 3 E., SEW of SEW, Sec. 16, Twp. 38, R. 3 E. $1,513 30

Ch. 155.] SESSION LAWS, 1921. 593FOR RELIEF OF PEND OREILLE COUNTY:

Diking District No. 2, Sec. 36, Twp. 33, Range 43,years 1912 to 1920 inclusive.................. $4,922 10

FOR RELIEF OF FOLLOWING PERSONS:

Who purchased shore lands on deed and contractswhich were cancelled:

A. E. Estergren, Contract 4376.................. $145 95John Victor Holmquist, Contract 4377 ........... 141 25Malena Estergren, Contract 4378................ 63 28John Victor Holmquist, Contract 4383............ ... 188 90Carl A. Lareen, Deed........................... 73 00Swan E. Johnson, Deed........................... 51 35

Fon RELIEF OF DR. W. N. KELLER:

For witness fees, Court costs, Attorney fees andother expenses Suit of Allen M. Kay vs. W. N.Keller damage claim for alleged wrongful de-tention in Western State Hospital ............ $2,522 15

FOE RELIEF, CITY OF SPOKANE:

Local Improvement Districts 788, 64, 679, 14, A 15,1, 611, 459, Lots 3 and 6, Block 110, Lots 10, 11,and 12, Block 130, Lot 9, Block 46, Lots 9 and10, Block 19, Lot 7, Block 72, Lot 2; Block 30,Lots 4, 10 and 11, Block 32, Lot 1, Block 58, Lot9, Block 103, Lot 7, Block 36, Lot 16, Block 125,Lots 4, 7, 11 and 12 Block 52 and Lot 3 Block134 ......................................... $5,492 16

FOR RELIEF OF J. W. ROMAINE, F. J. WOOD AND ROBERTSHIELDS:

For Tide Lands sold by State and later found byU. S. Court as belonging to U. S. Government,Contracts 4367 and 4373..................... $3,422 69

FOR RELIEF OF PUGET SOUND POWER & LIGHT COMPANY:

For maintenance side track at Western State Hos-pital years 1909 to 1920 inclusive............. $407 64

FOR THE RELIEF OF T. D. TILLER:

For doctor and Hospital Bills and loss of one eyewhile engaged in State work................. $1,050 00

FOR RELIEF OF W. V. WELLS:

For refund of money paid on State Land and forwhich deed could not be given on account de-fective survey. South of North %, Sec. 16,Twp. 9, North R. 6 W......................... $1,242 60

594 SESSION LAWS, 1921. [Ch. 155.

FOR RELIEF OF SCOBEY CIGAR CO., INC.:Refund of duplicate payment Corporation Fees... $35 00

FOR RELIEF OF TOWN OF PORT ORCHARD:For delinquent assessments on Tide Land Lots, 3,

4, 5 and 6, Block 1, Wheeler's Second AdditionSidney, and Lot 1, Sec. 25, Twp. 24, North R.1 E..................................... $555 69

FOR RELIEF OF PorsoN REALTY COMPANY:

Refund of overpayment on Tract 10 and part ofTracts 4 and 9, Plat 18, La Conner Tide Lands $415 26

FOR RELIEF OF BIG BEND LAND COMPANY:

For refund payment, sold by State in Sec. 16, Twp.25, N. R. 29 E., which State did not own...... $25 65

Taxation FOR THE OFFICE OF DIRECTOR OF TAXATION AND EXAM-and ex- INATIONS:amination.

Municipal (Division of Municipal Corporations)corporations. Salaries and wages ................. $24,000 00

Supplies, material and service ...... 4,250 00Capital outlays .................... 1,000 00

Total ................................... $29,250 00

Taxation. (Division of Taxation)Salary of Director................ $12,000 00Salaries and wages................. 20,800 00Supplies, material and service....... . 5,000 00Capital outlays ................... 1,000 00

Total ................................... $38,800 00

Banking. (Division of Banking)Salaries and wages................. $80,400 00Supplies, material and service...... 32,200 00Capital outlays .................... 2,400 00

Total .................................. $115,000 00

Building (Division of Building & Loan)andloan.

Salaries and wages, department supervisor, in-spectors, clerk hire, supplies, material andservice ................................. $20,000 00(The State Auditor may anticipate the receipts

and issue his warrants to cover expenses notto exceed collections for biennium.)

Ch. 155.] SESSION LAWS, 1921. 595

DIRECTOR OF HEA.TH: Health.

Salary of Director................. $10,000 00Salaries and wages................. 48,000 00Supplies, material and service...... .. 28,230 00

Total ....................................... $86,230 00Labor and

DIRECTOR OF LABOR AND INDUSTRY: industry.

Salary of Director................. $15,000 00Salaries and wages................. 323,225 00Supplies, material and service....... .160,927 00Capital outlays .................... 6,995 00

Total from General Fund.................... $506,147 00

FROM ACCIDENT FUND

Salaries and wages................. $141,350 00 IndustrialSupplies, material and service...... .. 71,450 00 insurance.Capital outlays ..................... 2735 00

Total from Accident Fund................... $215,535 00

FROM MEDICAL AID FUND

Salaries and wages................. .$87,725 00 ledical aid.Supplies, material and service...... .. 40,612 00Capital outlays .................... 2,060 00

Total from Medical Aid Fund............... $130,397 00

FROM THE GENERAL FUND

FOR THE DIRECTOR OF AGRICULTURE:

(General Office) Agriculture.

Salary of Director................. $15,000 00Salaries and wages............... 176,800 00Supplies, material and service ...... 115,000 00Capital outlays ................... . 22,000 00

Total, General Office........................ $328,800 00

Fon DEPARTMENT STATE FAIR: State fair.

(No part of this appropriation to be used forracing purses.)

Salaries and wager, supplies, niaterial and service $40,000 00

FOR GRAIN DEPARTMENT: Grain.

(So much thereof as may be necessary, but notto exceed collections of department.)

Salary of inspector, deputy inspector, clerks,weighers, samplers, office rent, traveling ex-

penses, office supplies, postage and incidentals $200,000 00

596 SESSION LAWS, 1921. [Ch. 155.

Farm FARM MARKET DEPARTMENT:market.

Salaries and wages, and expenses of every kind.. $25,000 00

FOR DESTRUCTION OF PREDATORY ANIMALS:

Predatory FOR DESTRUCTION OF PREDATORY ANIMALS: ........... .$17,000 00animals.

Destruction of Grasshoppers, and combating ani-

mal diseases ................................ $2,500 00

Indemnity and expenses bovine tuberculosis

eradication .................................... $60,000 00

Efficiency. FOR THE DIRECTOR OF EFFICIENCY:

Salary of Director .................. $12,000 00Salaries and wages................. 33,000 00Supplies, material and service....... .. 8,000 00Capital outlays .................... 5,500 00

Total ....................................... $58,500 00

Public FOR THE DIRECTOR OF PUBLIC WORKS:works.

(From the General Fund)

Salary of Director .................. $12,000 00Salaries and wages................. 156,140 00Supplies, material and service....... .. 62,400 00Capital outlays .................... 3,000 00

Total, from the General Fund............... $233,540 00

FOR THE DIRECTOR OF PUBLIC WORKS:

(From the Public Highway Fund)

Salaries and wages................. $79,800 00Supplies, material and service...... .. 49,400 00

Capital outlays .................... . 30,000 00Total, from the Public Highway Fund ......... .$159,200 00

FOR TILE DIRECTOR OF PUBLIC WORKS:

(From the Public Service Revolving Fund.)

For salaries, supplies, material and service, andcapital outlays ............................. $150,000 00

(So much thereof as may be necessary, but in

no case to exceed the collection of this de-

partment.)

11. 10.j SESSION LAWS, 391. 597Fon DIRECTOR OF LICE-NSES-MOTOR VEHICLE DIvIsioN: Motor

vehicle(From the Motor Vehicle Fund.) division.(For State Treasurer and Directorof Licenses. To be expended uponvouchers approved by eitherofficer.)

Salary of Director................. $10,000 00Salaries and wages................. 71,400 00Supplies, material and service ...... 165,500 00Capital outlays .................... 2,500 00

Total ...................................... $249,400 00

FOR DIRECTOR OF LICENSES: Licenses.(From the General Fund)

Salaries and wages ................ $11,400 00-Traveling expenses and per diem

examining committees .......... 20,000 00

Total ....................................... $31,400 00

DEPARTMENT OF CONSERVATION AND DEVELOPMENT: ConservationGeneral Office. adelopment.

Salary of Director of Dep't. 1 year.. $7,500 00Salaries and wages................. 8,400 00Capital outlays .................... 1,000 00

Total, General Office........................ $16,900 00

HYDRAULIC DivisIoN: Hydraulics.

Salaries and wages ................ $25,000 00Supplies, material and service...... .. 18,000 00Capital outlays .................... 880 00

Total, Hydraulic Division.................... $43,880 00

FORESTRY DIVISION: Forestry.

Salaries and wages ................ $19,500 00Supplies, material and service...... 107,500 00

.Capital outlays .................... 2,500 00

Total, Forestry Division ..................... $129,500 00

598. SESSION LAWS, 1921.

Reclamation. RECLAMATION DIvsIoN:

[Ch. 155.

FROM RECLAMATION REVOLVING FUND

Salary of Director of Department,1 year .......................... . $7,500 00

Salaries and wages ................ 54,400 00Supplies, material and service...... .. 14,500 00Capital outlays ..................... 18,000 00Special investigations ............. 25,000 00Land settlement purposes .......... 300,000 00For contract and bond purchases. . . . 2,000,000 00

For Columbia River basin survey; tocontinue work as provided byChapter 60, Laws 1919........... .50,000 00

Total, Reclamation Division................$2,469,400 00

FROM THE STATE GAME FUND

Game and FOR THE DEPARTMENT OF GAME AND GAME FISH:game fish. For the salaries and traveling expenses of the Di-

rector of Fisheries and Game, supervisors,deputy state game wardens, and employees;rent and incidentals, construction, repair andmaintenance of trout hatcheries, eyeing sta-tions and rearing ponds; maintenance, stock-ing, and new construction at state game farm;purchase of game birds, game animals, gamefish, and game bird eggs; printing; and for allother expenses of the Department of Game andFish .....................................

For the financial assistance of those counties re-quiring the same, for the protection of theirgame to be determined by the Director of Fish-eries and Game, and the advisory committee offive members of the State Association of Coun-ty Game Commissioners and Game Wardensas provided by statute.....................

FROM THE FISHERIES FUND

Fisheries. FOR THE DEPARTMENT OF FIsHERIEs:

For the salaries of Director of Fisheries andGame, supervisors, inspectors and employees;traveling expenses of Director of Fisheries andGame, supervisors, inspectors and employees;rent and incidentals; construction, repairs, andmaintenance of salmon hatcheries, eyeing sta-tions and rearing ponds; construction of newhatcheries, eyeing stations and rearing ponds;

$185,000 00 '

$30,000 00

Ch. 155.] SESSION LAWS, 1921. 599

patrol service; improvements, replacements,destruction of seals; printing; and for all oth-er and additional expenses of the fisheries di-vision of the office of the Director of Fisheriesand Gam e .................................. $285,285 00

FOR THE STATE FISHERIES BOARD:

For the purpose of classification of food fishes;for the securing of fish or fish eggs; for theerection and maintenance of eyeing stations,fish hatcheries, rearing ponds and other appli-ances for the propagation of fish within orwithout the territorial limits of the State ofWashington; for the carrying out of contractsand agreements by the State Fisheries Boardwith the United States or with any state or ter-ritory thereof, or with any foreign country orany individual, firm or corporation; for thetraveling expenses of the State Fisheries Boardand their employees: for the salaries of em-ployees; for rent, printing and for all other ad-ditional and necessary expenses of the StateBoard of Fisheries; said moneys to be expend-ed under the direction of the State Board ofFisheries and to be paid out on vouchers ap-proved by the State Board.Total ...................................... $100,000 00

FROM THE FISHERIES FUND

FOR THE RELIEF OF THE FOLLOWING PERSONS FOR THE Relief.

DESTRUCTION OF SEALS:

Charles Seatit ...... .............................. $16 00

W m . Erickson ................................. 10 00Edward Gardlin ..... ............................ 3 00F. C. W ilson ................................... 39 00W illiam Howell ............................... 1 00H . 3. Brown .... .............................. 94 00H ans Jensen .................................. 9 00W . M . Hunter ................................... 2,961 00Oscar Tonneson ........ ........................ 3 00W illiam Taylor................................. 14 00Axel G. Anderson............................... 21 00Gottfried Knutson .............................. 19 00S. Sim m ons .................................... 18 00W illiam Jack .................................. 35 00

600 SESSION LAWS, 1921. [Ch. 155.

Oyster FROM THE OYSTER RESERVE FUNDreserve.

For the improvement and protection of the StateOyster Reserve ............................. $32,300 00(Not to exceed collections.)

Harbor FROM THE HARBOR IMPROVEMENT FUNDimprove- To be distributed in accordance with Chaptersment.

16S, 169 and 170, Laws of 1913 based on re-ceipts ................................... ... $100,000 00

Capitol FROM THE CAPITOL BUILDING FUNDbuilding Redemption of Capitol Building Fund Bonds..... $176,000 00fund bonds.

Aberdeen FROM THE PUBLIC HIGHWAY FUNDhighwayCassessment. City of Aberdeen Highway Improvement assess-

ment ....................................... $28,400 00

. FROM THE GENERAL FUNDOlympla.

City of Olympia assessment for Local Improve-ment Block 28, Lots 3, 4, 5, 6, 7, 8 of block 4and the south 1 of.block 27 .................. $9,618 16

Nautical FOR THE STATE NAUTICAL SCHOOL:school.

Salaries and wages, clerk hire. supplies, materialand service, and to reimburse Cadets form onies paid ................................ $10,000 00

FROM THE PUBLIC HIGHWAY FUNDS

Judgment. JUDGMENT:

Union Bridge Company vs. State of Washington.. $10,785 30

PIERCE COUNTY

Pierce LOCAL IMPROVEMENTS UNDER DONOHUE LAW AGAINsTcounty. STATE PROPERTY As FOLLOWS:

NWW of NWW, Sec. 12-19-3E....... $424 00NW% of NE'4, Sec. 12-19-3E........ 424 00

SWY4 School Land 36-22-1E; NEWNWW SEW SEW NWW......... 106 00

SWW of SEW and WK SWW NWW 38 03NY SEW & NEW SWW Sec. 36-20-

3E; SEW NWW and E SWWNWW .......................... 40 23

NY2 NWW NWW & SWW NWWNWW Sec. 36-20-3E; NEW NWW& W NW NE% & SK NEWNWW NEW; SEW NWW NEW& S/2 N% NEW NEW; SY NEWNEW & S4 NEI,................ 13 71

Ch. 155.] SESSION LAWS, 1921. 601

NW% NWj NEQf1 . . . . . . . . . . . . . . . . . . $5 30NW NW Sec. 16-19-4E; NE%

NW ; NW'4 SEI NW% ....... 68 90Beg. SW Cor. Sec. 29-20 4E th. E.

1613.87 ft. th. N. 909.74 th. SWly1625 ft. to pt. 709.32 ft. No. of

Beg. th. S. to Beg ................ 200 70Beg. 1848.57 ft. E. & 2195.6 ft. N. of SW

Cor. Sec. 29-20-4E th. N. 744 ft. th.E. 1063 ft. to Cent. Clarks Creekth. SWly along sd Creek to N.Line Pioneer Ave. th. W. 1122 ft.to Beg.......................... 133 80

Beg. 1613-87 ft. E. of SW Cor. Sec.29-20-4E th. N. 2135 ft. to S. linePioneer Ave. ext. th. W. on sdAve. 990 ft. th. S. 823.6 ft. th. E.283.5 ft. th. S. 1312 ft to Beg...... 267 63

Total ...................................... $1,722 30

FROM THE PUBLIC HIGHWAY FUND.

WHITMAN COUNTY-Highway Number 4: Whitman

Local improvements under Donohue county.

Law against state property, as fol-lows:Part SW'A 16-17-42............... $7 88E% 36-17-42............... 408 94

Part NW 16-16-43............... 26 80Part SW'/I 16-16-43............... 86 67Interest............................53 03

Total......................................$583 32

Highway Number 2:SW%/ 16-16-44.....................$125 00NW 4 NE'4 36-16-43 ................ 18 84Part W 4 of NWI,4 36-16-43 .... 94 10Interest............................32 01

Total...................................... $269 95

SKAGIT COUNTY: Skagit

county.

District No. 5-A Permanent Highwaycony

No. 5...........................$1,221 95District No. 9, Clear Lake Road 500 32District No. 10, Wickersham Road. 4,606 61

Total .................................... $,8$6,328 88

602 SESSION LAWS, 1921. [Ch. 155.

FROM THE RECLAMATION REVOLVING FUND

Local LOCAL IMPROVEMENT ASSESSMENTS:improvementassessments. Okanogan County:

Methow - Okanogan ReclamationDistrict 1920 ................. $2,282 15

Okanogan County:Whitestone Reclamation District

1919 ........................ $621 85Benton County:

Priest Rapids Irrigation District1920 ........................ $2,473 09

Stevens County:Fruitland Irrigation District 1920 $989 74

FROM THE MILITARY FUND.

LOCAL JMPROVEIMENT AsSESSI2ENT:

Yakima Armory Property....................... $1,718 07Bellingham Armory Property................... $64 38Everett Armory Property....................... $2,949 65

University of FOR THE UNIVERSITY OF WASHINGTON:Washington. FROM THE UNIVERSITY CURRENT FUND

UNTIL EXHAUSTED, BALANCE FROM THEUNIVERSITY OF WASHINGTON FUND.

Operation and Maintenance, includ-ing Salaries and Wages, Supplies,Material and Service............ $2,234,944 00

Capital Outlays, Instructional Equip-ment ........................... 271,100 00

Total ..................................... $2,506,044 00

Miscella- FROM THE GENERAL FUND.neous. For amount required for reconstruc-

tions and repairs of campus ser-Vetoed

L. F. H. vice lines and extraordinary re-constructions and repairs of build-ings ........................... $90,250 00

For amount required to duplicatefees collected from students forthe University of WashingtonBuilding Fund during the bien-nium 1919.1921 to be expended forthe erection, alteration, mainten-ance, equipping or furnishing ofbuildings for the University ofWashington ................... $195,374 00

Ch. 155.] SESSION LAWS, 1921. 603

For amount required to cruise andvalue the lands of the Universityof Washington for exchange withthe state, to create a demonstra-tion forest, to be expended by theUniversity of Washington in con-junction with the State Land De-partment (being a reappropria-tion of an unexpended balance ofan appropriation as provided byChapter 82, Session Laws of1919) ............... ........... $6,400 25

Total ................................... $292,024 25

FROM THE UNIVERSITY OF WASHINGTON University ofBUILDING FUND. Washington.

For the erection, alteration, mainten-ance, equipping, or furnishing ofbuildings for the University ofWashington ................................ $499,757 23

FOR THE STATE COLLEGE OF WASHINGTON: StateFROM THE SCIENTIFIC SCHOOL CURRENT college.

AND AGRICULTURAL COLLEGE CURRENTFUND UNTIL EXHAUSTED, BALANCEFROM STATE COLLEGE FUND.

Salaries and Wages, Supplies, Ma-terial and Service............. $1,386,444 40

Capital Outlays .................... 117,750 00

Total ..................................... $1,504,194 40($100,000 to be allotted to Puyallup

Experiment Station.)


FOE PROSSER EXPERIENT STATION:

Salaries and Wages, Supplies, Ma-terial and Service ............... $27,000 00

Capital Outlays .................... 7,000 00

Total ....................................... $34,000 00For Apiculture ................................. 4,000 00For amount to secure Smith-Lever Fund from

U. S. Government for Agricultural ExtensionWork ...................................... $116,318 00

For new boilers, generators, and extension of tun-nels ........................................ $50,000 00

For completion and equipment of Dairy Building. $250,000 00 VetoedI L. F. H.

For farm buildings (to replace those destroyed bycyclone) ................................... $68,000 00

604 SESSION LAWS, 1921. [Ch. 155.

FROM THE CENTRALIA NORMAL SCHOOL FUND.

CENTRALIA STATE NORMAL SCHOOL:Vetoed

e F. Salaries and Wages................ $172,110 00Supplies, Material and Service ...... 33,290 00Capital. Outlays ................... 33,200 00

Total ........................................ $238,600 00

Bellingham BELLINGHAM STATE NORMAL SCHOOL:normal. $29,1661 FROM NORMAL SCHOOL CURRENT

FUND UNTIL EXHAUSTED, BALANCEFROM BELLINGHAM NORMAL SCHOOLFUND.

Operation and Maintenance, includ-ing Salaries and Wages, Supplies,Material and Service ............. $396,102 00

Capital Outlays .................... 120,787 50

Total ...................................... $516,889 50


BELLINGHAM STATE NORMAL SCHOOL:

For completion of dormitory ($87,716.35 being re-appropriation) .............................. $150,000 00

Ellensburg ELLENSBURG STATE NORMAL SCHOOL:normal.

$15,160 FROM THE NORMAL SCHOOL CUR-RENT FUND UNTIL EXHAUSTED, BAL-

ANCE FROM ELLENSBURG NORMALFUND.

Salaries and Wages, Supplies, Ma-terial and Service............... $292,068 00

Capital Outlays ................... 9,628 00

Total ...................................... $301,696 00

Cheney CHENEY STATE NORMAL SCHOOL:normal.

OF THE AMOUNT BELOW $25,277 TO BE PAID

FROM NORMAL SCHOOL CURRENT FUNDUNTIL EXHAUSTED, BALANCE FROMCHENEY NORMAL FUND.

Salaries and Wages................ $280,054 00

Supplies, Material and Service...... 60,000 00

Capital Outlays .................... 30,000 00

Total ...................................... $370,054 00

Ch. 155.] SESSION LAWS, 1921. 605


Completion of dormitory........................$22,000 00 1 Vte


FOR THE STATE MILITARY DEPARTMENT: MilitarySalaries and Wages................ $119,790 00 department.Supplies, Material and Service...... 429,135 00Capital Outlays ..................... 151,000 00For completion of Everett Armory (unused por-

tion appropriation Chapter 21, Laws 1919) . .. $43,634 75For completion Walla Walla Armory (unused por-

tion appropriation Chapter 19, Laws 1919) .... $73,961 24For completion Aberdeen Armory (unused por-

tion appropriation Chapter 20, Laws 1919) ... $99,949 93

RELIEF APPROPRIATIONS:

Capt. Frank E. Burrows for telephone expense... $2 35 Relief.Benton L. Flagg for retained pay................ 9 00Chas. James, M. D., for medical services ..... 19 50P. Kiediel & Company, for supplies furnished ..... 13 65Warren H. Miller & Co., for plans and service for

remodeling Seattle Armory...................1,428 00Northern Pacific Railway Co. for subsistence fur-

nished troops............................... 5 25Puget Sound Electric Ry. Co., for freight charges. 6 65C. A. Slatten for team hire....................... 95 00Frank Waterhouse & Company for repairs to state

property .................................... . 31 75Leroy Oliver West for pay for guard duty ....... 8 00Spokane Falls Gas Light Co. for gas furnished... 94 32Alfred T. Abelson expense paid on account of in-

jury sustained while in line of duty.......... . 487 40Ira R. Crosby expense account of injury sustained

while in line of duty......................... . 400 00Capt. 0. H. Fleet for rent of property............. 200 00

FROM THE PERMANENT HIGHWAY FUND.

FOR THE RELIEF oF KAISER PAVING COMPANY:

Account Highways Nos. 11-B and i1-C King County $2,025 21(From that part apportioned to King County.)

FROM THE GENERAL FUND. Miscella-neous.

FOR INDEXING HOUSE AND SENATE JOURNALS............ . $600 00

FOR STATE SCHOOL FOR THE DEA&F:

For Hospital Building and equipping same ......... $45,000 00

LOCAL IMPROVEMENT ASSEsSSMENT:

City of Olympia. Local Improvement Districts 75,126, 221.......................................$548 24

606 SESSION LAWS, 1921. [Ch. 155.

For RELIEF OF FRANK BARTHOLET, EXECUTOR:For overpayment Inheritance Tax ............... . $100 00

Vetoed I FOR THE WESTERN ROYAL LIvE STOCK Snow ......... $20,000 00L.F. H. (FOR RELIEF OF OREGON-WASHINGTON Ry. Co.:

Refund Certificates 201, 203, 211, for right of way . $1,686 01

FROM THE ACCIDENT FUND.Industrial FOE THE DIRECTOR OF LABOR AND INDUSTRIES......... .$4,000,000 00insurance.

FROM THE MEDICAL AID FUND.

Medical aid. FOR THE DIRECTOR OF LABOR AND INDUSTRIEs......... .$1,000,000 00

FROM THE ACCIDENT FUND.Miscella- FOR RELIEF OF HILDA RASI:neous.

Vetoed Loss of four fingers while in employ of HowardL.F.H. Mnfg. Co. ..................................... $800 00


FOR RELIEF OF WILLIAM H. NELSON:

Service on Mexican Border ..................... .. $297 50


FOR THE RELIEF OF FRANK L. MARSHALL:

Services on Mexican Border.................... $297 50

FOR THE RELIEF OF FRANCIS E. DELMORE:

Services on Mexican Border.................... $297 50


Vetoed IFOR THE PACIFIc-NORTHWEST TOURIST ASSOCIATION.... $50,000 00L. F. H. f

SEc. 3. This act is necessary for the immediateEmergency. preservation of public peace, health and safety, and

the support of the State Government and itsexisting public institution, and shall take effectimmediately.

Passed the House March 7, 1921.Passed the Senate March 8, 1921.Approved by the Governor, with the exception

of certain items which are vetoed, March 21, 1.921.

SESSION LAWS, 1921.

CHAPTER 156.[H. B. 187.1

MUTUAL SAVINGS BANKS.

AN ACT relating to mutual savings banks and amendingchapter 175 of the Session Laws of 1915 (as amended bychapter 200 of the Session Laws of 1919) by repealing sec-tion 11 and enacting in lieu thereof eighteen sections, to bedesignated sections 11, 11a, lb, 11c, lid, 1le, 11f, 11g,1lh, 1li, 11j, Ilk, 111, 11m, 11n, 110, lip and 1lq, and byamending sections 17, 18 and 25, and by adding a new sec-tion to be designated section 48a.


SECTION 1. That section 11 of chapter 175 ofthe Session Laws of 1915 as amended by section 1of chapter 200 of the Session Laws of. 1919, be andthe same is hereby repealed, and that in lieu there-of the following eighteen sections numbered 11, 11a,lb, 1lc, lid, 1le, 11f, 1lg,11h, 1li, 11j, Ilk, 111, 11m,

11n, 1l, 1lp and 1iq be and they are herebyenacted.

Section 11. A mutual savings bank may invest Investment

the moneys deposited therein, the sums credited tothe guaranty fund thereof and the income derivedtherefrom in the property and securities, and noothers, and subject to the restrictions, specified inthe following sections numbered 11a, 1lb, lc, 1ld,1le, 11f, 11g, ih, ii, iij, Ilk, 111, 1im, 110, lipand Iq.

Section 11a. The bonds or interest bearingnotes or obligations of the United States or thosefor which the faith of the United States is pledgedto provide for the payment of the interest and prin-cipal, including bonds of the District of Columbia.

Section 1ib. The bonds or interest bearing ob-ligations of this state issued pursuant to the author-ity of any law of this state.

Ch. 156.] 607

SESSION LAWS, 1921.

Section 11c. The bonds or interest bearing ob-ligations of any other state of the United Statesupon which there is no default, and upon whichthere has been no default for more than ninetydays: Provided, That within ton years immediatelypreceding the investment such state has not beenin default for more than ninety days in the paymentof any part of the principal or interest of any debtduly authorized by the Legislature of such stateto be contracted by such state since January1st, 1878.

Section 11d. The valid bonds of any city, town,county, school district or port district in the Stateof Washington issued pursuant to law, and for thepayment of which the faith and credit of such muni-cipality, county or district is pledged, or valid war-rants of such municipality, county or district draw-ing interest, and for which payment such munici-pality, county or district is liable.

Section le. The bonds of any incorporatedcity, county, village or town, situated in one of thestates of the United States which adjoins the Stateof Washington. If at any time the indebtednessof any such city, town or village, together with theindebtedness of any district or other municipal cor-poration or subdivision, except a county, which iswholly or in part included within the boundaries orlimits of said city, town or village less its waterdebt and sinking fund, or the indebtedness of anysuch county, less its sinking fund shall exceed sevenper centum of the valuation of said city, county,town or village for the purposes of taxation, itsbonds shall thereafter, until such indebtednessshall be reduced to seven per centum of the valua-tion for the purposes of taxation, cease to be anauthorized investment for the monies of -savingsbanks.

608 [Ch. 156.

SESSION LAWS, 1921.

Section 11f. Bonds of any incorporated citysituated in any other state of the United States:Provided, Such city has a population as shown bythe Federal census next preceding the investment,of not less than 45,000 inhabitants, and was incor-porated as a city at least twenty-five years prior tothe making of the investment, and has not sinceJanuary 1st, 1907, defaulted for more than ninetydays in the payment of any part of principal or in-terest of any bond, note or other indebtedness,; oreffected any compromise of any kind with the hold-ers thereof. If at any time the indebtedness of anysuch city, together with the indebtedness of anydistrict (other than local improvement district) orother municipal corporation or sub-division, excepta county, which is wholly or in part included withinthe bounds or limits of said city, less its water debtand sinking fund, shall exceed seven per centum ofthe valuation of such city for purposes of taxation,its bonds shall thereafter, and until such indebted-ness shall be reduced to seven per centum of suchvaluation, cease to be an authorized investment ofthe monies of mutual savings banks.

Section 11g. Bonds of any commercial water-way district in this state: Provided, The total ob-ligations of such district by bonds, warrants orotherwise do not exceed ten per cent. of the assessedvaluation of the lands and improvements withinsuch districts: And provided further, That this au-thorization does not extend to the thirty per cent.in amount of such bond issue last callable forpayment.

Section 11h. Bonds of any local improvementdistrict of any city or town of this state (exceptbonds for an improvement consisting of gradingonly) and bonds of any irrigation, diking, drainage,diking improvement or drainage improvement dis-

-20

Ch. 156.] 609

SESSION LAWS, 1921.

trict of this state, unless the total indebtedness of thedistrict after the completion of the improvement forwhich the bonds are issued, plus the amount of allother assessments of a local or special nature againstthe land assessed or liable to be assessed to pay thebonds, exceed fifty per cent. of the value of the bene-fited property, exclusive of improvements, at thetime the bonds are purchased or taken by the bank,according to the actual valuation last placed uponthe property for general taxation. Before any suchbonds are purchased or taken as security the condi-tion of the district's affairs shall be ascertained andthe property of the district examined and appraisedby at least two trustees who shall report in writingtheir findings and recommendations; and no bondsshall be taken unless such report be favorable, norunless the executive committee of the board oftrustees after careful investigation is satisfied ofthe validity of the bonds and of the validity andsufficiency of the assessment or other means pro-vided for payment thereof: Provided, That no cityor town local improvement bonds falling within thetwenty-five per cent. in amount of any issue lastcallable for payment, shall be acquired or taken assecurity.

Section 11i. The mortgage bonds of any rail-road corporation incorporated under the laws of theUnited States or any of the states thereof whichactually owns in fee not less than five hundred milesof standard gauge railway, exclusive of sidings,within the United States: Provided, That at notime within five years next preceding the date ofany such investment such railroad corporation shallhave failed regularly and punctually to pay thematured principal and interest of all its mortgagedindebtedness, and in addition thereto regularly andpunctually to have paid in dividends to its stock-holders during each of said five years, an amount

610 [Ch. 156.

SESSION LAWS, 1921.

at least equal to four per centum upon all its out-standing capital stock: And provided further, Thatduring said five years the gross earnings in eachyear from the operation of said company, includingtherein the gross earnings of all railroads leasedand operated or controlled and operated by saidcompany, and also including in said earnings theamount received'directly or indirectly by said com-pany from the sale of coal from mines owned orcontrolled by it, shall not have been less in amountthan five times the amount necessary to pay theinterest payable during that year upon its entireoutstanding indebtedness, and the rentals for saidyear of all leased lines: And provided further, Thatall bonds authorized for investment by this para-graph shall be secured by a mortgage which is atthe time of making such investment, or was at thedate of the execution of said mortgage (one) a firstmortgage upon not less than seventy-five per centumof the railway owned in fee by the company issuingsuch bonds, exclusive of sidings at the date of suchmortgage, or (two) a refunding mortgage issuedto retire all prior lien mortgage debts of such com-pany outstanding at the time of such investmentand covering at least seventy-five per centum of therailway owned in fee by such company at the dateof such mortgage. But no one of the bonds so se-cured shall be a legal investment in case the mort-gage securing the same shall authorize a total issueof bonds which, together with all outstanding priordebts of such company, after deducting therefromin case of a refunding mortgage the bonds reservedunder the provisions of such mortgage to retireprior debts at maturity, shall exceed three timesthe outstanding capital stock of such company atthe time of making such investment. And no mort-gage is to be regarded as a refunding mortgageunder the provisions of this section unless the bonds

611Ch. 156.]

SESSION LAWS, 1921.

which it secures mature at a later date than anybond which it is given to refund, nor unless it coversa mileage at least twenty-five per centum greaterthan is covered by any one of the prior mortgagesso to be refunded.

Section 11j. Any railway mortgage bondswhich would be a legal investment. under the pro-visions of section 1li, except for the fact that therailroad corporation issuing such bonds actuallyowns in fee less than five hundred miles of road:Provided, That during five years next preceding thedate of any such investment the gross earnings ineach year from the operations of said corporation,including the gross earnings of all lines leased andoperated or controlled and operated by it, shall nothave been less than ten hundred thousand dollars($1,000,000.00).

Section Ilk. The mortgage bonds of a railroadcorporation described in the foregoing sections liand 11j or the mortgage bonds of a railroad ownedby such corporation assumed or guaranteed by itby endorsement on such bonds, provided such bondsare prior to and are to be refunded by a generalmortgage of such corporation, the bonds securedby which are made a legal investment under theprovisions of said sections 1li and 11j: And pro-vided further, That said general mortgage coversall the real property upon which the mortgage se-curing such underlying bonds is a lien. Bonds whichhave been or shall become legal investments formutual savings banks under any of the provisionsof this and the two preceding sections shall not berendered illegal as investments though the propertyupon which they are secured has been or shall beconveyed to another corporation, if the consolidatedor purchasing corporation shall assume the pay-ment of such bonds, and shall continue to pay regu-larly interest or dividends or both upon the securi-

[Ch. 156.612

SESSION LAWS, 1921.

ties issued against, or in exchange for or to acquirethe stock of the company consolidated to an amountat least equal to four per centum per annum uponthe capital stock (outstanding at the time of suchconsolidation or purchase) of the corporation whichhas issued or assumed such bonds. Not more thantwenty-five per centum of the assets of any savingsbanks shall be loaned or invested in railroad bonds,and not more than five per cent. of the assets of anysavings bank shall be invested in the bonds of anyone railroad corporation. In determining theamount of the assets of any savings bank underthe provisions of this section its securities shall beestimated in the manner prescribed by section 26 ofthis act. Street railroad corporations shall not beconsidered railroad corporations within the mean-ing of this act.

Section 111. Promissory notes payable to theorder of the savings bank upon demand, secured bythe pledge or assignment of any bonds, warrants,or interest bearing obligations lawfully purchasableby a savings bank, or secured by pledge or assign-ment of one or more real estate mortgages of theclass described in section 11n, but no such loan shallexceed ninety per centum of the cash market valueof such securities so pledged. Should any of thesecurities so held in pledge depreciate in value afterthe making of such loan, the savings bank shall re-*quire an immediate payment of such loan, or of apart thereof, or additional security therefor, so thatthe amount loaned thereon shall at no time exceedninety per cent. of the market-value of the securitiesso pledged for such loan.

Section 11m. Promissory notes made payable tothe order of the savings bank within ninety daysfrom the date thereof, secured by the -pledge andassignment of the passbook of any mutual savingsbank in the State of Washington as collateral se-

Ch. 156.1 613

SESSION LAWS, 1921.

curity for the payment thereof. No such loan shallexceed ninety per centum of the balance due theholder of such passbook as shown therein.

Section 1n. Loans secured by first mortgageon real estate subject to the following restrictions:In all cases of loans upon real property, a note orbond secured by a mortgage on the real estate uponwhich the loan is made, together with a completeabstract of title for such real estate signed by theperson or corporation furnishing such abstract oftitle (which abstract shall be examined by a com-petent attorney at law selected by the bank, and hisopinion furnished approving the title and showingthat the mortgage is a first lien), or a policy of titleinsurance of a reliable title insurance company au-thorized to insure titles within this state, or a dupli-cate certificate of ownership issued by a registrarof titles, shall be furnished to the savings bank bythe borrower. The real estate subject to such firstmortgage must be improved to such extent that thenet annual income thereof, or reasonable annualrental value thereof in the condition existing at thetime of making the loan, is sufficient to pay the an-nual interest accruing on such loan in addition totaxes and insurance, and all accruing charges andexpenses. No loan on real estate shall be for anamount greater than fifty per cent. of the value ofsuch real estate including improvements. Themortgage shall contain provisions requiring themortgagor to maintain insurance on the buildingson the mortgaged premises to such reasonableamount as shall be stipulated in the mortgage, thepolicy to be payable in case of loss to the savingsbank, and to be deposited with it.. A loan may bemade on real estate which is to be improved by abuilding or buildings to be constructed with the pro-ceeds of such loan, if it is arranged that such pro-

614 [Ch. 156.

SESSION LAWS, 1921.

ceeds will be used for that purpose and that whenso used the property will be improved to the extentrequired by this section. Not more than seventy-five per cent. of the assets of any savings bank shallbe invested in mortgage loans. No mortgage loanor renewal or extension thereof shall be made exceptupon written application showing the date, name ofapplicant, amount of loan requested, and the secur-ity offered, nor except upon the written report ofat least two members of the board of investment ofthe bank certifying on such application accordingto their best judgment the value of the property tobe mortgaged and recommending the loan, and theapplication and written report thereon shall be filedand preserved with the savings bank records. Everymortgage and every assignment of a mortgagetaken or held by a savings bank shall be taken andheld in .its own name, and shall immediately be re-corded in the office of the county auditor of thecounty in which the mortgage property is located.

Section 11. Real estate as follows:(1) A tract of land whereon there is or may

be erected a building or buildings suitable for theconvenient transaction of the business of the sav-ings bank, from portions of which not required forits own use a revenue may be derived. The invest-ment in such tract of land to be subject to the con-ditions prescribed in section 12 of this act.

(2) Such as shall be conveyed to such savingsbank in satisfaction of debts previously contractedin the course of its business.

(3) Such as it shall purchase at sales underjudgments, decrees or mortgages held by it.

Section 11p. Acceptances of the kind and char-acter following:

(1) Bankers' acceptances and bills of exchangeof the kind and maturities made eligible by law forrediscount With Federal reserve banks, provided

Ch. 156.1 615

SESSION LAWS, 1921.

the same are accepted by a bank or trust companyincorporated under the laws of this state, or underthe laws of the United States.

(2) Bills of exchange drawn by the seller onthe purchaser of goods and accepted by such pur-chaser, of the kind and maturities made eligible bylaw for rediscount with Federal reserve banks, pro-vided the same are indorsed by a national bank orby a bank or trust company incorporated under thelaws of this state. Not more than 20 per cent. ofthe assets of any mutual savings bank shall be in-vested in such acceptances. The aggregate amountof the liability of any bank or trust company or ofany national bank to any mutual savings bank,whether as principal or indorser, for acceptancesheld by such savings banks and deposits made withit, shall not exceed 25 per cent. of the paid up capi-tal and surplus of such bank or trust company ornational bank, and not more than 5 per centum ofthe aggregate amount credited to the depositors ofany mutual savings bank shall be invested in the ac-ceptance of or deposited with a bank or trust com-pany or a national bank of which a trustee of suchmutual savings bank is a director.

Section 11q. In equipment obligations or equip-ment trust certificates which comply with the fol-lowing requirements.

(a) They must mature not later than fifteenyears from their date.

(b) They must be issued or guaranteed by acorporation to which a loan or loans for the con-struction, acquisition, purchase or least of equip-ment have been made or approved by the Inter-state Commerce Commission, under authority con-ferred by act of Congress of the United States ofAmerica.

(c) They must be the whole or part of anyissue maturing serially, annually, or semi-annually.

616 [Ch. 156.

SESSION LAWS, 1921.

(d) They must be secured by or be evidence ofa prior or preferred lien upon or interest in, or ofreservation of title to the equipment in respect ofwhich they have been issued or sold, and or by anassignment of or prior interest in the rent or pur-chase notes given for the hiring or purchase ofsuch equipment.

(e) The total amount of principal of such is-sue of equipment obligations or trust certificatesshall not exceed sixty per centum of the cost or pur-chase price of the equipment in respect of whichthey were issued:

(f) The remaining forty per centum of saidcost or purchase price shall be paid by or for theaccount of the railroad so constructing, acquiring,purchasing or leasing said equipment, or by fundsloaned or advanced for the purpose by the Govern-ment of the United States or one of its agencies orinstrumentalities and subordinated in the event ofdefault, in respect of the lien or interest thereof,upon or in such equipment and or in such equip-ment or rent or purchase notes, to the lien or inter-est of said prior or preferred equipment obliga-tions or equipment trust certificate.

Not more than twenty-five per centum of theassets of any savings bank, less the amount investedby said bank in railroad bonds, shall be investedin said equipment obligations or certificates. Indetermining the amount of the assets of any savingsbank under the provisions of this section the valueof its securities shall be estimated in the mannerprescribed for determining the per centum of parvalue surplus by section twenty-six of this act.

SEC. 2. That section 17 of chapter 175 of theSession Laws of 1915, as amended by chapter 200of the Session Laws of 1919, be amended to readas follows:

Ob. 156.] 617

Section 17. (1) When the aggregate amountLimit on of deposits and dividends to the credit of any indi-individualdeposits. vidual, including in such aggregate all deposits and

dividends credited to him as trustee or beneficiaryof any trust and all deposits and dividends creditedto him and another or others in either joint or sev-eral form, is five thousand dollars ($5,000.00) ormore,-such aggregate shall not be increased by thereceipt from him of any deposit but may be in-creased to not more than ten thousand dollars ($10,-000.00) by the crediting of dividends. Additionalaccounts may, however, be maintained in the nameof a parent as 'trustee for a dependent or minorchild, and in the name of a child as trustee for adependent parent, but not more than five hundreddollars ($500.00) shall be deposited to any such ad-ditional account during any six month period.

(2) When the aggregate amount of depositsand dividends to the credit of any society or corpo-ration is five thousand dollars ($5,000.00) or more,such aggregate shall not be increased by the receiptof any deposit not made pursuant to order of acourt of competent jurisdiction, but may be in-

. creased to not more than ten thousand dollars($10,000.00) by the crediting of dividends.

(3) Every such bank may further limit the ag-gregate amount which an individual or any corpo-ration or society may have to his or its credit tosuch sum as such bank may deem expedient to re-ceive; and may in its discretion refuse to receive adeposit, or may at any time return all or any partof any deposits or require the withdrawal of anydividend.

SEc. 3. That section 18 of chapter 175 of theSession Laws of 1915 be amended to read as follows:

Payment of Section 18. The sums deposited with any suchdepositsand bank, together with any dividends credited thereto,

shall be repaid to the depositors thereof respectively,

. SESSION LAWS, 1921. [Ch. 156.618

SESSION LAWS, 1921.

or to their legal representatives, after demand insuch manner, and at such times, and under such reg-ulations, as the board of trustees shall prescribe,subject to the provisions of this and the next fol-lowing section. Such regulations shall be postedin a conspicuous place in the room where the busi-ness of such savings bank shall be transacted, andshall be printed in the pass books or other evidenceof deposit furnished by it, and shall be evidencebetween such bank and the depositors holding thesame of the terms upon which the deposits thereinacknowledged are made.

(1) Such bank may at any time by a resolutionof its board of trustees require a notice of not morethan six months before repaying deposits, in whichevent no deposit shall be due or payable until'therequired notice of intention to withdraw the sameshall have been personally given by the depositor:Provided, That such bank at its option may pay anydeposit or deposits before the expiration of suchnotice. But no bank shall agree with its depositorsor any of them in advance to waive the require-ment of notice as herein provided.

(2) Except as provided in sub-division (3) ofthis section the savings bank shall not pay any div-idend, or deposit, or portion thereof, or any chequedrawn upon it by a depositor unless the pass bookof the depositor be produced, and the proper entrybe made therein at the time of the payment.

(3) The board of trustees of any such bankmay by its by-laws-provide for making payments incases of loss of pass book, or other exceptionalcases where the passbooks cannot be produced with-out loss or serious inconvenience to depositors, theright to make such payments to cease when so di-rected by the State Examiner upon his being satis-fled that such right is being improperly exercised

Ch. 156.] 619

by any such bank; but payments may be made at anytime upon the judgment or order of a court.

(4) If any person shall die leaving in any suchbank an account on which the balance due him shallnot exceed $500.00 and no executor or administratorof his estate shall be appointed, such bank may inits discretion pay the balance of his account to hiswidow (or if the decedent was a married woman,then to her husband), next of kin, funeral directoror other creditor who may appear to be entitledthereto. As a condition of such payment such bankmay require proof by affidavit as to the parties ininterest, the filing of proper waivers, the executionof a bond of indemnity with surety or sureties bythe person to whom the payment is to be made, anda proper receipt and acquittance for such payment.For any such payment pursuant to this sectionsuch bank shall not be liable to the decedent's exe-cutor or administrator thereafter appointed, unlessthe payment shall have been made within six monthsafter the decedent's death, and an action to recoverthe amount shall have been commenced within sixmonths after the date of payment.

SEC. 4. That section 25 of chapter 175 of theSession Laws of 1915 as amended by Chapter 200of the Session Laws of 1919, be amended. to readas follows:

Section 25. (1) Every savings bank shallRate of regulate the rate of dividends not to exceed six perdividends.

cent. per annum upon the amounts to the credit ofdepositors therewith, in such manner that depositorsshall receive as nearly as may be all the earningsof the savings bank after transferring the amountrequired by section 24 hereof and such furtheramounts as its trustees may deem it expedient andfor the security of the depositors to transfer tothe guaranty fund, which to the amount of ten percent. of the amount due its depositors the trustees

620 SESSION LAWS, 1921. [Ch. 156.

SESSION LAWS, 1921.

shall gradually accumulate and hold. Such trusteesmay also deduct from its net earnings, and carryas undivided profits for the purpose of maintain-ing its rate of dividends, such additional sums asthey may deem wise.

(2) Every savings bank may classify its de-positors according to the character, amount or dura-tion of their dealings with the savings bank, andmay regulate the dividends in such manner thateach depositor shall receive the same ratable por-tion of dividends as all others of his class.

(3) Unimpaired contributions to the initialguaranty fund and to the expense fund, made bythe incorporators or trustees of such savings bank,shall be entitled to have dividends apportionedthereon, which may be credited and paid to suchincorporators or trustees. Whenever the guarantyfund of any such savings bank is sufficiently largeto permit the return of such contributions, the con-tributors may receive dividends thereon not there-tofore credited or paid at the same rate paid todepositors.

(4) A savings bank shall not(a) Declare, credit or pay any dividend except

as authorized by a vote of a majority of the boardof trustees duly entered upon their minutes, where-on shall be recorded the ayes and nayes uponeach vote.

(b) Pay any dividend other than the regularquarterly or semi-annual dividend, or the extra div-idend prescribed in subdivision six of this section.

(c) Declare, credit or pay dividends on anyamount to the credit of a depositor for a longerperiod than the same has been credited: Provided,however, That deposits made not later than thetenth business day of the month commencing anysemi-annual or quarterly dividend period, or thefifth business day of any month, or withdrawn upon

Ch. 1,56.1 621

one of the last three business days of the monthending any quarterly or semi-annual dividend pe-riod, may have dividends declared upon them for thewhole of the period or month when they were sodeposited or withdrawn: And provided further,That, if the by-laws so provide, accounts closed be-tween dividend periods may be credited with divi-dends at the rate of the last dividend, computingfrom the first dividend period to the date whenclosed.

(5) Whenever any dividend shall, except asprovided in sub-division six of this section, be de-clared and credited in excess of profits earned andappearing to the credit of the savings bank since thelast declaration of dividends, after making the de-duction for expenses, for amortization and for theguaranty fund as provided in sections 16, 24 and 25hereof, the trustees voting for such dividend shallbe jointly and severally liable to such savings bankfor the amount of such excess so declared andcredited.

(6) The trustees ' of any savings bank whoseundivided profits and guaranty fund, determined inthe manner prescribed in section 23 hereof, amountto more than twenty-five per cent. of the amount dueits depositors, shall at least once in three years di-vide equitably the accumulation beyond such twenty-five per cent. as an extra dividend to depositors inexcess of the regular dividend authorized. A noticeposted conspicuously in a savings bank of a changein the rate of dividends shall be equivalent to apersonal notice.


SESSION LAWS, 1921. (Ch. 156.. 622

SESSION LAWS, 1921.

CHAPTER 157.[S. H. B. 166.1

DRAINAGE AND DIKING IMPROVEMENT DISTRICTS.

AN ACT relating to drainage and diking improvement districts,prescribing certain procedure to be had in case of a pro-posed or existing diking or drainage improvement district,lying in more than one county, and validating proceedingsheretofore had in accordance with such procedure; provid-ing for appeals to the court from the confirmation of theschedule of apportionment and levy of assessments in dikingand drainage improvement districts, providing for the reim-bursement to the county by the districts for judgmentsagainst such county on account of such districts, and amend-ing Sections 1945-76, 1945-77a, 1945-94 Pierce's Code, 4226-20,4226-22, and 4226-38 of Remington & Ballinger's AnnotatedCodes and Statutes of Washington.


SECTION 1. The decision of the Board of County Appeal fromdecision of

Commissioners upon any objections made within the apportion-

time and in the manner prescribed in Section 1945- by county

85 Pierce's Code, 4226-30, Remington & Ballinger's sioners.

Code, may be reviewed by the superior court uponan appeal thereto taken in the following manner.Such appeal shall be made by filing written noticeof appeal with the clerk of such board and with theclerk of the superior court of the county in whichsuch drainage or diking improvement district issituated, or in case of joint drainage or diking im-provement districts with the clerk of the court of thecounty in which the greater length of such drainageor diking improvement system lies, within ten .daysafter the order confirming such assessment roll shallhave become effective, and such notice shall describethe property and set forth the objections of such ap-pellant to such assessment; and, within ten daysfrom the filing of such notice of appeal with theclerk of the superior court, the appellant shall file

Ob. 157] 623

SESSION LAWS, 1921.

with the clerk of said court a transcript consistingof the assessment roll and his objections thereto, to-gether with the order confirming such assessmentroll, and the record of the Board of County Commis-sioners with reference to said assessment, whichtranscript, upon payment of the necessary feestherefor, shall be furnished by such clerk of theBoard of County Commissioners, and by him certi-fied to contain full, true and correct copies of all mat-ters and proceedings required to be included in suchtranscript. Such fees shall be the same as the feespayable to the county clerk for the preparation andcertification of transcripts on appeal to the supremecourt in civil actions. At the time of the filing ofthe notice of appeal with the clerk of the superiorcourt, the appellant shall execute and file with theclerk of the superior court a sufficient bond in thepenal sum of two hundred dollars, with good andsufficient surety, to be approved by the judge of saidcourt, conditioned to prosecute such appeal withoutdelay, and if unsuccessful, to pay all costs to whichthe county or the drainage or diking improvementdistrict is put by reason of such appeal. The courtmay order the appellant upon application therefor,to execute and file such additional bond or bonds asthe necessity of the case may require; within threedays after such transcript is filed in the superiorcourt as aforesaid, the appellant shall give writtennotice to the prosecuting attorney of the county, andto the clerk of the Board of County Commissionersthat such transcript is filed. Said notice shall statea time (not less than three days from the servicethereof) when the appellant will call up the saidcause for hearing; and the superior court of saidcounty shall, at said time or at such further timeas may be fixed by order of the court, hear and de-termine such appeal without a jury. The judgmentof the court shall confirm, correct, modify or annul

624 [Ch. 157.

SESSION LAWS, 1921.

the assessment insofar as the same affects the prop-erty of the appellant. A certified copy of the decisionof the court shall be filed with the officer who shallhave custody of the assessment roll, and he shallmodify and correct such assessment roll in accord-ance with such decision. An appeal shall lie to thesupreme court from the judgment of the superiorcourt as in other cases: Provided, however, Thatsuch appeal must be taken within fifteen days afterthe date of the entry of the judgment of such su-perior court; and the record and opening brief ofthe appellant in said cause shall be filed in the su-preme court within sixty days after the appeal shallhave been taken by notice as provided in this act.The time for filing such record and serving and filingof briefs in this section prescribed may be extendedby order of the superior court, or by stipulation ofthe parties concerned. And the supreme court, onsuch appeal, may correct, change, modify, confirmor annul the assessment in so far as the same affectsthe property of the appellant. A certified copy ofthe order of the supreme court upon such appealshall be filed with the officer having custody of suchassessment roll, who shall thereupon modify andcorrect such assessment roll in accordance with suchdecision.

SEc. 2. Whenever any schedule of apportionment Regularityand validity

of any drainage or diking improvement district shall ocproceedings

have been confirmed, and the assessment therefor conclusive.

shall have been levied, by the Board of County Com-missioners, as provided by section 1945-85 Pierce'sCode, 4226-30, Remington & Ballinger's Code, theregularity, validity and correctness of the proceed-ings relating to such improvement, and to the assess-ment therefor, including the action of the Board ofCounty Commissioners upon such assessment rolland the confirmation thereof, shall be conclusive inall things upon all parties, and cannot in any manner

Ch. 1.57] 625

be contested or questioned in any proceeding whatso-ever by any person not filing .written objections tosuch roll in the manner and within the time providedin section 1945-85 Pierce's Code, 4226-30, Remington& Ba llinger's Code, and not appealing from theaction of the Board of County Commissioners inconfirming such assessment roll in the manner andwithin the time in this act provided. No proceedingof any kind shall be commenced or prosecuted forthe purpose of defeating or contesting any such as-sessment, or the sale of any property to pay suchassessment, or any certificate of delinquency issuedtherefor, or the foreclosure of any lien issued there-for: Provided, That this section shall not be con-strued as prohibiting the bringing of injunction pro-ceedings to prevent the sale of any real estate uponthe grounds:

1. That the property about to be sold does notappear upon the assessment roll, or

2. that said assessment has been paid.SEC. 3. Any judgment that heretofore has been

District obtained or that hereafter may be obtained againstliable forjudgments a county on account of any contract lawfully madeagainstcounty. by its officials for or on behalf of any drainage or

diking improvement district, or on account of theconstruction or maintenance of any drainage or dik-ing system of a drainage or diking improvement dis-trict shall be collected and reimbursed to the countyfrom said improvement district, and the amount ofsuch judgment shall be included in the constructioncosts of said district: Provided, That if such judg-ment be recovered after the assessment to pay theconstruction costs shall have been levied, then theCounty Commissioners are hereby empowered andthey shall make a supplemental levy upon the landsof the district, and from the funds collected undersuch levy, said reimbursements shall be made.

626 SESSION LAWS, 1921. [Ch. 157.

SESSION LAWS, 1921.

SEC. 4. That section 1945-76 Pierce's Code, 4226-20 of Remington & Ballinger's Code be amended toread as follows:

Section 4226-20. At the election provided for in Board ofsuperVISorS,

the preceding section, two qualified electors of the election,powers and

county owning land in the district shall be elected, duties

who, with the county engineer, shall constitute thefirst board of supervisors of said district. The boardof supervisors shall have charge of the constructionand maintenance of the systems of improvement ofthe district, subject to the limitations, hereinafterset forth, and may employ a superintendent of con-struction and maintenance, who may be one of thetwo elected supervisors. The elected supervisorsmay themselves labor or be employed upon the workof construction or maintenance, receiving for suchlabor the same compensation as other labor of likecharacter shall receive. The engineer shall receivecompensation for his services as supervisor in themaintenance of the system at the per diem rate al-lowed him for other work; and if he be a salariedofficer such compensation shall be a charge againstthe district in favor of the engineer's office. Thesupervisor receiving the highest number of votesshall hold office until one year after the first annualelection of the district and until his successor iselected and qualified, and the other supervisor shallhold office until his successor is elected at the firstannual election and shall have qualified. The termsof the supervisors elected at the first election in anydrainage or diking improvement district shall beginimmediately upon the qualification of such officials.The terms of the supervisors elected at the annualelection in such districts shall begin on the secondTuesday of January following their election; if anysuch official shall have failed to qualify by the 1st ofFebruary following his election his title to said office

Ch. 1571 627

SESSION LAWS, 1921.

shall lapse and be forfeited and his place be subjectto be filled by appointment by the county commis-sioners as hereinafter provided. Each elected super-visor shall qualify by taking the usual oath of officeof county and precinct officers and by giving a bondin an amount to be fixed and with surety to be ap-proved by the board of county commissioners. Thecost of furnishing such bond shall constitute a partof the cost of maintenance of such district. On thesecond Tuesday of December in the year followingthe election hereinabove provided for and annuallythereafter, there shall be elected one supervisor ofsuch district, who shall hold office for the term oftwo years and until his successor is elected andqualified. Such annual election shall be held uponthe same notice and under the same regulations andin the same manner as the first election hereinaboveprovided for: Provided, That in any districts estab-lished under this act, or heretofore established underchapter LXVI of the Laws of 1901, not includingany city or town and not more than two thousandacres in extent including all additions thereto, noticeof annual elections of supervisors shall be given byposting only. In case a vacancy occur in said boardfrom any cause, such vacancy shall be filled by ap-pointment by the board of county commissioners ofsome qualified elector owning land in the district.

Whenever any district organized under the pro-visions of this act contains not more than five hun-dred acres, or whenever a petition shall be presentedto the county commissioners signed by the ownersof fifty per cent of the acreage of such district pray-ing for such action, the county engineer shall act assupervisor of the district and thereafter no board ofsupervisors shall be elected for such district; andin such case the allowance of all claims against thedistrict shall be by the county commissioners.

[Ch. 157.628

SEC. 5. That section 1945-77a Pierce's Code,4226-22 of Remington & Ballinger's Code beamended to read as follows:

Section 4226-22. The said board of supervisors Board tomake

shall, immediately upon their election and qualifica- Improvement.

tion, begin the construction of such system of im-provement and shall proceed with the constructionthereof in accordance with the plans adopted there-for. In the construction of any system of drainage,construction shall be begun at the outlet or outletsthereof and at such other points as may be deemedadvisable from time to time. In the construction ofany system of improvement the board of supervisorswith the approval of the board of county commis-sioners may modify, curtail, enlarge or add to theoriginal plans wherever the same may be foundnecessary or advisable in the course of actual con-struction. But such changes shall not in the aggre-gate increase the estimated cost of the entire sys-tem by more than one-fifth, and all additional ordifferent rights of way required shall be obtained ashereinbefore prescribed. The board of county com-missioners may in its discretion let the constructionof said system or any portion thereof by contract,in the manner provided for letting contracts for theconstruction of county roads and bridges. The boardof county commissioners may, upon such terms asmay be agreed upon by the United States acting inpursuance of the National Reclamation Act ap-proved June 17, 1902 (32 Statutes at Large 388), aindthe acts amendatory thereof and supplemental there-to, or in pursuance to any other act of Congressappropriate to the purpose, contract for the con-struction of the system of improvement or any partthereof, by the United States, or in co-operation withthe United States therein. In such case, no bondshall be required, and the work shall be done under

SESSION LAWS, 1921.Ch. 157] 629

the supervision and control of the proper officers ofthe United States.

Unless the work of construction is let by contractas hereinbeforeprovided, or for such part of suchwork as is not covered by contract, the board ofsupervisors shall employ such number of men asshall be necessary to successfully carry on the workof such construction, and shall give preference insuch employment to persons owning land to bebenefited by the improvement.

The provisions of this section shall not be con-strued as denying to the supervisors, in case the con-struction work is left in their hands, the power toenter into an agreement with any contractor tofurnish labor, material, equipment and skilled super-vision, the contractor to be compensated upon thebasis of a specific sum, or upon a percentage of thecost of the work, the services of the contractor tocover the use of equipment and the value of skilledsupervision: Provided, howeifer, That there is re-tained in the said board by the contract the right oftermination thereof , at any time, on reasonablenotice, and fixing in the said contract, or reservingin said board, the right to fix the rates of wages tobe paid to the men employed in said work. Theboard of supervisors may also let contracts in suchmanner and on such notice as they deem advisablefor items of construction not exceeding one thousanddollars in amount of expenditures.

SEC. 6. That section 1945-94 of Pierce's Code,4226-38, of Remington & Ballinger's Code beamended to read as follows:

Section 4226-38. When a drainage or diking sys-District n te is proposed which will require a location, or thetwo or more tm spooe hc ilrqiealctoo hcounties. assessment of lands, in more than one county, appli-

cation therefor shall be made to the board of countycommissioners in each of said counties, and thecounty engineers shall make preliminary reports for

630 SESSION LAWS, 1921. [Ch. 157.

SESSION LAWS, 1921.

their respective counties. The lines of such proposedimprovement shall be examined by the county engi-neers of the counties wherein said improvements willlie, jointly. The hearings in regard to such improve-ment, provided for by sections 1945-65 and 1945-85Pierce's Code, 4226-9 and 4226-30 of Rem. & Bal.Code shall be had by the boards of county commis-sioners of the two counties in joint sessions, and allother matters required to be done by the countycommissioners in regard to such improvement andthe improvement district shall be had and done bythe boards of county commissioners of the countieswherein such system of improvements shall lie,either in joint session at such place as the saidboards shall order, or by concurrent order enteredinto by the said boards at their respective offices.Notice of the hearings shall be given by the auditorsof both counties jointly by publication in the officialpaper of each of said counties. The county engineerof the county wherein the greatest length of thedrainage or diking system will lie, shall have chargeof the engineering work and be ex-officio a memberof the boards in this act provided for.

The schedule of apportionment shall be preparedin separate parts for the land in the respectivecounties; and that part of said roll containing theassessments upon the lands in each respective countyshall be transmitted to the treasurer thereof, andthe treasurer of said county shall give notice of saidassessments as provided in section 1945-85 Pierce'sCode, 4226-30 of Rem. & Bal. Code, and shall collectthe assessments therein contained and shall alsoextend and collect the annual maintenance levies ofsaid district upon the lands of said district lying inhis county. The auditor of the county in which thegreater length of the drainage or diking system shalllie shall act as clerk of the joint sessions of theboards of county commissioners, and shall issue the

Ch. 157] 631

SESSION LAWS, 1921.

warrants of the improvement district, and shallattest the signatures of the two boards of countycommissioners on the bonds. He shall furnish tothe auditor of the other county duplicate copies ofthe records of proceedings of such joint sessions.Duplicate records of all proceedings had and papersfiled in connection with such improvement shall bekept, one with the auditor of each county. Protestsor other papers filed with the auditor who is notclerk of the joint sessions shall be forwarded forth-with by him to the auditor who acts as clerk of suchjoint sessions. The treasurer of the said countyshall register and certify and pay the warrants andthe bonds, and shall have charge of the funds of thedistrict; and to him, the treasurer of the county inwhich the lesser portion of such system of improve-ments lie, shall remit semi-annually, in time for thesemi-annual warrant and bond calls, all such collec-tions made in such other county. A drainage or dik-ing improvement district lying in more than onecounty shall be designated "Joint Drainage (or Dik-ing) Improvement District No....... of ..........and..........Counties." All proceedings in re-gard to joint drainage or diking improvement dis-tricts, which have heretofore been had and done sub-stantially in accordance with the amendatory pro-visions of this act are hereby approved and declaredto be valid.


632 [Ch. 157.

SESSION LAWS, 1921.

CHAPTER 158.[H. B. 193.1

ALIEN AND NON-RESIDENT INSANE PERSONS.

AN ACT relating to alien and non-resident insane persons, pro-viding for their deportation, making it unlawful to bringor aid in bringing an insane person into the state withouthaving obtained permission from the director of businesscontrol and providing a penalty therefor, and amending sec-tion 1 of chapter 82, Laws of 1915.


SECTION 1. That Section 2852, Pierce's Code (sec-tion 1 of chapter 82, Laws 1915) be amended to readas follows:

Section 2852. It shall be the duty of the director Authorizingdeportationof business control to, in co-operation with the of aliens.

United States bureau of immigration, arrange forthe deportation of all alien insane persons who arenow confined in or who may hereafter be committedto any state hospital for the insane in this state, suchalien insane persons to be transported to such pointor points as may be designated by the United Statesbureau of immigration.

SEc. 2. The director of business control shall also Authorizingdeportationreturn all non-resident insane persons who are now of non-residents.

confined in or who may hereafter be conmnitted toa state hospital for the insane in this state to thestate or states in which they may have a legal resi-dence. For the purpose of facilitating the returnof such persons the director may enter into a recipro-cal agreement with any other state or states for themutual exchange of insane persons now confined inor hereafter committed to any hospital for the insanein one state whose legal residence is in the other,and he is authorized and empowered to give writtenpermission for the return of any resident or resi-dents of Washington now or hereafter confined in

Ch. 158.] 633

a hospital for the insane in another state: Provided,however, That the state making the request for thereturn of such insane person or persons, shall have,through the proper authorities, entered into theagreement herein authorized.

A person shall be deemed to be a resident of thisstate within the meaning of this act who shall havelived continuously in the state for a period of twoyears and who has not acquired a residence inanother state by living continuously therein for atleast two years subsequent to his residence in thisstate: Provided, however, That the time spent in ahospital for the insane or on parole therefrom shallnot be counted in determining the matter of resi-dence in this or another state.

All expenses incurred in returning insane per-sons from this to another state may be paid by theState of Washington, but the expense of returningresidents of this state shall be borne by the statemaking the return.

SEC. 3. For the purpose of carrying out theExpense. provisions of this act the director of business con-

trol may employ all help necessary in arranging forand transporting such alien and non-resident insanepersons, and the cost and expenses of providing suchassistance and all expenses incurred in effecting thetransportation of such alien and non-resident insanepersons shall be paid from the funds appropriatedfor that purpose upon vouchers approved by thedirector of business control and the superintendentof the hospital for the insane from which such per-sons are transported.

SEc. 4. Any person who shall bring or in anyBringing way aid in bringing any insane person into the StateinsaneIpersons of Washington without having first obtained per-unlawful. mission in writing from the director of business con-

trol shall be guilty of a felony and upon convictionthereof shall be punished by imprisonment in the

634 SESSION LAWS, 1921. [Ch. 158.

SESSION LAWS, 1921.

state penitentiary or state reformatory for a termof not less than six months nor more than fifteenyears: Provided, however, That this section shallnot apply to an officer, agent or employe of a com-mon carrier for anything done in the line of duty,nor to a person.who through necessity brings or aidsin bringing an insane person into the state withoutan intent to make such person a permanent chargeupon the State of Washington.


CHAPTER 159.[H. B. 253.1

HIGHWAY IMPROVEMENT AT EXPENSE OF LANDBENEFITED.

AN ACT relating to highway improvements, and amending sec-tions 6092, 6094, 6100, 6105, 6106, and 6108 Pierce's Code andadding thereto new sections numbered 6110A, 6110B, 6110C,6110D and 6110E.


SECTION 1. That section 6092 Pierce's Code(Laws 1917 P. 238) be amended to read as follows:

Section 6092. The appraisers shall, within Appraisers'

sixty days after the date of entering upon their or of

duties, file a report of their findings, together with hearing on.

the engineer's report and all other papers to themdelivered, with the clerk of the board of countycommissioners, which report shall contain a scheduleand estimate of all property that will be damaged,or benefited, or both damaged and benefited by theproposed improvement. Such schedule and estimateshall be arranged in parallel columns, with appro-

Ch. 159.]1 635

SESSION LAWS, 1921.

priate headings, and shall show the description ofthe property, and if land, give legal subdivisions,section, township and range and number of acres;and if platted, the name of the plat and the lot andblock number; the name of the owner or owners orreputed owner or owners; the estimated gross dam-ages that will be sustained by reason of the pro-posed improvement; the estimated gross benefitsthat will accrue; and the right-hand column of theschedule shall be sufficiently wide for the signatureof the owner, and shall bear the heading: "I, theundersigned owner of the property opposite whichI have signed my name, accept and agree to the esti-mated amount of benefits and damages that willaccrue to my property by reason of the proposedimprovement;" and the appraisers shall make andfile with their report an itemized bill of all costsmade in the proper discharge of their duties underthis chapter; and in such bill the appraisers shallnot charge for services in excess of six dollars perday for each appraiser for the time actually em-ployed, and no extra compensation shall be allowedfor mileage; upon the filing of such report the clerkshall without delay fix a date for the hearing of thereports of the engineer and appraisers; which dateshall be not less than fifteen nor more than thirtydays from the date of filing said reports, and shallprepare a notice in writing, directed to all ownersof land, road districts or township, affected by theimprovement, setting forth the pendency, substanceand prayer of petition, and enumerating the town-ships or road districts and the several sections ofland, according to. the United States survey, whichshall lie wholly or partially within the proposed im-provement district, and a tabular statement of theassessments of benefits and awards of damages asmade by the appraisers in their report, and statingthe time and place of the hearing thereon. Such

636 [Ch. 159.

.SESSION LAWS, 1921.

notice shall be published in the official newspaperof the county for at least two consecutive weeksbefore the day set for the hearing, which publica-tion shall be proved by the affidavit of the printeror publisher of such newspaper and filed with theclerk on or before the date of hearing.

SEC. 2. That section 6094 of Pierce's Code(Section 5742 Rem. & Bal. Code) be amended toread as follows:

Section 6094. At said hearing the board shall Hearing,change of

hear all pertinent evidence, including any evidence plans.

offered concerning the probable cost of the improve-ment and the probable benefits to accrue therefrom,and may change, add to or modify, the plans forsuch improvement, and change the estimate of dam-ages or benefits in any case, and may review,change and modify any of the findings and esti-mates of the engineer or the appraisers, and may,in its discretion, employ another engineer to makeseparate findings on any or all of the mattershereinbefore required to be included in the reportof the engineer and may adjourn said hearingand await such report. In case any change inthe plans of the proposed improvements is madeat said hearing, and such change will cause addi-tional damages to any property, or will damage anyproperty not damaged under the original plans, theengineer and appraisers shall prepare and file aschedule showing the estimated damages and bene-fits under such changed plans, and notice of thefiling of such schedule shall be served upon theowners of the properties affected, and settlementmade as hereinafter provided, and shall then con-firm the same by resolution.

SEC. 3. That section 6100 Pierce's Code (Laws1917 P. 238) be amended to read as follows: Vetoed

Section 6100. At any time after the expirationiof five days from the entry of the resolution of theJ

Ch. 159.] 637

board of county commissioners ordering an im-provement under the provisions of this act, theboard of county commissioners may fix a time forthe receiving and opening of sealed bids for theconstruction of the proposed improvement, and ifin the opinion of the board of county commissionersthe interests of the public will be advanced thereby,they may divide the improvement into sections ofa more or less number of lineal feet, and call forbids on each of said sections, or they may call forbids for each kind of work to be done or materialto be furnished or any one or more of such kindsof labor and material, as they may believe to be ad-visable. .If after receiving and considering suchbids, it shall appear to the board of county com-missioners that the cost of constructing the proposedimprovement by contract will be excessive, or thatit will exceed the cost of constructing the proposed

Vetoed improvement by day labor, the board may if in itsL. F- - opinion the public will be benefited thereby, reject

all bids and by resolution entered in its journal,cause the proposed improvement to be made by daylabor. If the improvement is made by day labor asprovided in this section, the board may purchaseall materials to be used in the same in the open mar-ket, or it may call for bids as herein provided andcontract for all or any part of such materials, andthe work shall be done under the control of the boardof county commissioners who may place the countyengineer or constructing engineer, if one be em-ployed, in direct charge of the same, subject to thecontrol of the board of county commissioners. Thecounty commissioners shall cause notice to be givenas hereinafter provided of the time and place of

.awarding contracts, and shall direct the engineerwho made the survey and estimate, or other com-petent engineer, to attend at the time and place of-opening bids. The board of county commissioners


SESSION LAWS, 1921.

shall superintend and 'conduct the same, receive allbids for the construction of the improvement, andenter into agreements in the name of the county.The notice of bids shall state the location and gen-eral nature of the improvements to be done, andwhere the plans and specifications are filed for ex-amination, and shall be signed by the clerk of the vetoed

board of county commissioners by order of the L. F. H.

board. The notice shall be published for at leasttwo consecutive weeks previous to the date of re-ceiving and opening bids, in one or more daily orweekly newspapers published and of general circu-lation in the county, and in such other manner asthe board may see fit to direct.

SEC. 4. That section 6105 of Pierce's Code(Section 5760 Rem. & Bal. Code) be amended toread as follows:

Section 6105. There shall be included in the costs ofimprove-

cost and expense of such improvement the estimated enot.

cost and expense of all engineering and surveyingnecessary for said improvement, ascertaining theownership of the lots, tracts or parcels of land in-cluded in the improvement district, the cost of pub-lishing notices required to be published, accountingand clerical Tabor, books and blanks expended orused in connection with said improvement.

When the appraiser's report shall be confirmed,the clerk of the board of county commissioners shallprepare, certify to and file with the county treas-urer, an assessment roll for each such improvementon which the estimated cost of such improvementshall be entered against the persons and propertyas shown on the schedule of appraisement, first de-ducting from any assessment against a person,. com-pany or corporation to whom awards of damageshave been made the amount of the same, and incase of any excess of damages over the assessment,a warrant shall be drawn on the county treasurer

Ch. 159.1 639

in favor of the person, company or corporation towhom such damage has been awarded for the balancedue after deducting the assessment.

From and after the filing of such assessment rollwith the county treasurer, the charge on the respec-tive lots, tracts and parcels of land and other prop-erty for the purpose of special assessments on ac-count of such improvement shall be a lien on theproperty assessed, paramount and superior to anyother lien or incumberance whatsoever, theretoforeor thereafter created, except a lien for assessmentsfor general taxes.

Each year when an installment is payable, theclerk of the board of county commissioners shallextend the amount of the same together with intereston the deferred payments at the bond rate uponsuch assessment roll.

Special taxes shall be levied, become delinquent,and be collected as other general taxes sufficient topay the next accruing portions of the cost and ex-pense of any such improvement chargeable to thecounty and to the road district or township respec-tively, including interest thereon at the bond rate tothe next annual installment payment date on suchbonds. After delinquency the interest upon suchspecial taxes shall be the same as upon general taxes.

No segregation shall be made so that the unpaidprincipal against any segregated description shallbe less than twenty-five dollars, except upon pay-ment thereof.

SEC. 5. That section 6106 Pierce's Code (Laws1919 Chapter 95) be amended to read as follows:

Section 6106. When the petition shall so re-Payment In quest, the portion of the cost of the improvementinstallments.

chargeable to the improvement district shall be paidfor in equal annual installments. The petition shallset forth "that the improvement be paid for onthe...... years installment plan," and the number

640 SESSION LAWS, 1921. [Ch. 159.

SESSION LAWS, 1921.

of years shall not be more than ten. When the im-provement is done under the provisions of this sec-tion the board of county commissioners shall byresolution direct the county treasurer to open anaccount to be known as "The...... road improve-ment fund." The clerk of the board of county com-missioners shall divide the total estimated cost ofthe improvement and apportion the same in accord-ance with the findings and report of the board ofappraisers and those portions of the expense to beborne by the county, township or road districts shallbe levied- and collected as other taxes, after theawarding of the contract for said improvement:Provided, That the board of county conunissionersshall, if the petitioners so request, arrange that theportion of the expense to be borne by the road dis-tricts or townships be paid in not to exceed tenequal annual installments and the board may in itsdiscretion provide that the portion of the expenseto be borne by the county be paid in not to exceed tenequal annual installments, and shall divide that por-tion of the expense to be borne by the county, roaddistricts or townships, and also the lots and land lyingwithin the proposed improvement boundaries andfound to be specially benefited, into as many equalparts as there are installments. In the event thatthe entire assessment upon any single tract or parcelof land, or contiguous tracts or groups of tractsbelonging to the same owner is twenty-five dollarsor less, such assessment shall be paid in cash andthe terms of this act relating to the payment ofassessments in installments shall not apply to suchassessments: Provided further, That the levy ofsuch taxes against road districts or road and bridgefunds for any improvement heretofore made shallnot be affected by any limitation of law as to taxlevies against such road districts or road and bridgefunds.

-21

Ch. 159.1 41

SESSION LAWS, 1921.

SEC. 6. That section 6108 Pierce's Code (Laws1917 P. 238) be amended to read as follows:

Section 6108. That whenever the board of

Bodiose county commissioners shall have provided for thepayment of said assessment in installments, as afore-said, it may, if it shall deem it necessary or proper,issue bonds of the county, payable from the saidroad improvement fund, not to exceed twelve yearsafter the date of the issuance thereof, with suchoption to redeem as shall be advisable, in an amountnot exceeding the cost of such improvement, andsaid bonds shall bear interest at a rate not greaterthan seven per cent per annum, and shall be soldat not less than par, by the board of county commis-sioners in such manner as they shall deem advisable:Provided., That should there not be sufficient moneyin said improvement fund to make payment of anyinstallment of interest, or the bonds when due, saidinterest or bonds may be paid out of the generalroad and bridge fund or the current expense fundof the county. as may be directed by the board ofcounty commissioners, and such fund shall be re-imbursed from said improvement fund from timeto time as monies are paid therein. The countytreasurer shall pay the interest on the bonds au-thorized to be issued by this act out of the respectiveimprovement funds from which they are payable.

SEC. 7. That there be added to Pierce's Codea new section numbered 6110A to read as follows:

Section 6110A. That all lands held or ownedby the State of Washington in fee simple (in trustor otherwise) situated within the limits of any such

VetoedL. F. H. improvement district may be assessed and charged

for special benefits for any such improvements spe-cially benefiting such lands. The interest of thestate in such property shall not be sold to satisfythe lien of such assessment, but only such interest

642 [Ch. 159.

SESSION LAWS, 1921.

or contract or other right therein as may be in pri-vate ownership shall be subject to such sale. Allproceedings relating to such assessment of state Vetoedlands and the collection thereof shall be in accord- L. F. H.

ance with the provisions of Chapter 154, Lawsof 1909. J

SEC. 8. That there be added to Pierce's Code Assessments,

a new section numbered 6110B to read as follows: how payable.

Section 6110B. The owner of any lot, tract orparcel of land or other property charged with anysuch assessments may redeem the same from all orany portion of the liability for the contract priceof such improvement by paying the entire assess-ment or any portion thereof charged against suchlot or parcel of land, without interest, within thirtydays after notice to him of such assessment. As-sessments certified to the county treasurer for col-lection in due time therefor shall become due andpayable during the thirty day period ending May31st or November 30th respectively. Such noticeshall be given by the county treasurer by publica-tion in the official newspaper of the county in twoconsecutive weekly issues, that the assessment rollis in his hands for collection and that any assess-ment thereon or any portion thereof may be paidat any time without penalty, interest or costs duringsuch payment period, and that any assessment inthe sum of $25.00 or less must be paid in cash. Thebonds herein provided for shall not be.issued priorto twenty days after the expiration of the thirtydays above mentioned, but may be issued at any timethereafter. Whenever any assessment shall be pay-able in installments, each installment shall becomedue and payable annually thereafter, during likethirty day periods as in case of original paymentsupon such assessments. The owner of any suchlot, tract or parcel of laud may redeem the samefrom all liability for the unpaid amount of said as-

Ch. 159.]) 643

sessment at any time after said thirty day periodfor original payment by paying the entire install-ments of said assessment remaining unpaid andcharged against such lot, tract or parcel of land atthe time of such payment with interest thereon tothe end of the next thirty day payment period.Assessments or installments thereof not paid, withinthe time herein prescribed shall become delinquent.Assessments or installments thereof, when delin-quent shall in addition to interest, have a penaltyof five per cent (5%) upon both principal and inter-est and shall be collected as other general taxesare collected.

SEC. 9. That there be added to Pierce's Codea new section numbered 6110C to read as follows: -

Section 6110C. In all cases of special assess-Grounds for ments for local improvements, wherein said as-re-assess-ment. sessments have failed to be valid in whole or in

part for want of form or insufficiency, informalityor irregularity or non-conformance with the provi-sions of law, governing such assessments, or for in-sufficiency in the assessment, or that property spe-cially benefited was omitted, in any county, the boardof county commissioners of such county shall havepower by resolution to re-assess' such assessmentsand to enforce their collection in like manner as inoriginal assessments.

All the provisions of this act relating to the fiil-ing of appraiser's reports, time and place of hearingthereon, notice of such hearing, the hearing thereon,and the confirmation thereof, the preparation, cer-tification and filing of a re-assessment roll, the timewhen such assessments shall become a lien uponthe property assessed, the method of collecting suchassessments and all proceedings for enforcing thelien thereof shall be had and conducted the same inthe case of re-assessments as in the case of an origi-nal assessment.

644 SESSION LAWS, 192L. (Ch. 159.

SESSION LAWS, 1921.

SEC. 10. That there be added to Pierce's Codea new section numbered 6110D to read as follows:

Section 6110D. The board of county commis- Resolutionsof board.

sioners shall pass such resolution or resolutions as -may be necessary to carry out the provisions of thisact. Thereafter all proceedings relating to suchimprovements shall be had and conducted in ac-cordance with this act and such resolutions.

SEC. 11. That there be added to Pierce's Codea new section numbered 6110E to read as follows:

Section 6110E. Whenever the sinking fund for Payment ofbonds from

such improvement shall, over and above the amount sni

necessary for the payment of interest on all unpaidbonds, be sufficient to pay the principal of one ormore bonds, the county treasurer shall designatesufficient bonds, bearing the lowest numbers amongthose outstanding, to absorb the amount of saidfund on hand, as near as may be, and he shall callsuch bonds by publishing a notice, giving the num-bers of the bonds so called for payment, and fixinga day, not less than fifteen days after the first pub-lication of the notice, when the bonds will be paidwith accrued interest at the place of payment ofsaid bonds, which notice shall be published in a dailynewspaper published in the county seat once in eachweek for two consecutive weeks. And in case thebonds so called for payment are not presented onthe day fixed therefor in such notice, interest there-on shall thereupon cease: Provided, The money forthe payment thereof shall at all times thereafterbe retained at the place of payment of the bonds,in readiness for payment of the same on presenta-tion, until such bonds are presented for payment.All bonds and coupons received by the county treas-urer under the provisions of this section shall be atonce cancelled by him and filed as vouchers with

Ch. 159.1 645

the county auditor as ex-officio clerk of the board ofcounty commissioners.

Passed the House March 3, 1921.Passed the Senate March 8, 1921.Approved by the Governor with the exception

of sections 3 and 7, which are vetoed, March 21, 1921.

CHAPTER 160.[H. B. 175.]

DRAINAGE AND DIKING IMPROVEMENT DISTRICTS.

AN ACT relating to the Improvement of lands and other prop-erty by diking and drainage, amending sections 1945-57,1945-60, and 1945-66 Pierce's Code, providing for the estab-lishment of improvement districts wholly or partly withinthe limits of any incorporated city or town, and providingfor the investigation, survey and report of the state reclama-tion board on such improvements in certain cases and thatthe cost of the same be taxed against the lands to bebenefited by said improvement; and providing that drainageditches of any drainage improvement districts may be con-structed and maintained along any public highway, streetor road within the limits of any drainage district.


SECTION 1. That section 1945-57 of Pierce'sCode (Laws 1917 P. 521) be amended to read asfollows:

Section 1945-57. Whenever one or more personsAuthorized whose land will be benefited thereby shall desire toimprovement

woriation. have improvements constructed for the drainage orprotection from overflow, or both, of any continu-ous body of lands situated in the same county,whether wholly or partly within the limits of anyincorporated city or town, proceedings for the con-struction of such improvements may be had as pro-vided in this act.

646 SESSION LAWS, 1921. [Ch. 160.

SESSION LAWS, 1921.

SEC. 2. That section 1945-60 Pierce's Code(Laws 1917 P. 523) be amended to read as follows:

Section 1945-60. Upon the filing of the petition Report bycounty

and the approval of the bond, the clerk of the board engineer.

shall deliver a copy of said petition to the countyengineer, who shall at once proceed to view the lineand location of the proposed improvement and theproperty to be affected thereby and determinewhether the improvement is in his opinion neces-sary or will be conducive to public health, conven-ience or welfare and whether in his opinion the loca-tion and route described are the best for theproposed improvement, what, if any, part of theproposed system of improvement mentioned in thepetition should in his judgment be omitted, andwhat, if any, additions should be added thereto orchanges made therein, and shall report to and filehis findings in writing with the board of countycommissioners: Provided, That if the lands to bebenefited by said improvement are described in saidpetition and comprise three thousand (3,000) acresor more, the board of county commissioners, may,in its discretion, after a hearing previously had, ashereinafter provided, if it is so requested in saidpetition, dispense with the investigation by thecounty engineer and ask the state reclamation boardto make such surveys and investigation of the landsinvolved in the proposed improvement as said rec-lamation board may deem advisable for the pur-pose of determining the feasibility of said improve-ment and the best means of accomplishing the same,and said reclamation board shall have the power inits discretion to make such survey and investigationand to report to and file its findings in writing withthe board of county commissioners, which reportshall contain at least all the findings of the countyengineer, aforesaid, and shall have the same effect.In the event that said survey, investigation and re-

Ch. 160] 47

port are made by or under the supervision of thestate reclamation board the petitioners shall not berequired to furnish the bond provided for in section1945-59 herein.

(a) Upon receipt of said petition the countyNotice of board shall send a copy of the same to the statehearing onpetition. reclamation board and ask for an estimate of the

total cost of such survey, investigation and report,which the state board shall in its discretion makeout and file with the county board. The countyboard shall thereupon by resolution fix a time andplace for a hearing on same and shall cause a thirty(30) day notice of said hearing to be given, by post-ing a copy of the same in a conspicuous public placein each voting precinct or fraction thereof includedin the area of lands to be benefited by said improve-ment and by publishing the same in a newspaper ofgeneral circulation in the proposed district in threesuccessive weekly issues of said paper, the date ofthe first publication being at least thirty (30) daysbefore the day of hearing. Said notice shall containa copy of the petition and of the estimate of ex-pense, shall name the time and place of hearing,shall state that the expense of the survey and in-vestigation contemplated in the petition will becharged against the lands described therein and shallrequire everyone interested to appear at said timeand place and show cause in writing, if any he has,why the prayer of the petition should not begranted.

(b) Upon the hearing of such petition the boardDetermina- shall determine whether such survey and investiga-tion ofboard. tion should be made and whether any or all the

lands described in said petition, or any additionalones, should bear their proportional expense of saidsurvey and investigation and may adjourn suchhearing from time to time not exceeding ninety (90)days in all: Provided, That no additional lands

648 SESSION LAWS, 1921. [Ch. 160.

SESSION LAWS, 1921.

shall be made to bear their proportional expense ofsaid survey and investigation without first givingthe notice to all parties interested, as hereinaboveprovided: Provided, That in no event shall thetotal cost of such survey, investigation and reportexceed the amount stated in the estimate of the statereclamation board more than fifty (50) per cent.and any obligations contracted in excess of suchmaximum shall be void. The determination of theboard shall be by resolution and shall be final andconclusive upon all persons except for fraud or lackof jurisdiction.

(c) If the board of county commissioners shall Stateboard to dodetermine in favor of said survey and examination, work.

it shall enter into a contract with the state reclama-tion board to do such work, which shall be done atactual cost, from any monies in the state reclama-tion revolving fund. As a part of its report saidreclamation board shall include an itemized state-ment under oath of the expenses that have beenincurred in the making of said investigation, sur-veys and report aforesaid and the board of countycommissioners shall thereupon cause a copy of suchstatement of expense together with a notice naminga time and place when and where said statementwill be brought before the board for hearing anddetermination, to be published in a newspaper ofgeneral circulation published in the county two suc-cessive weeks prior to the date of said hearing. Atthe time of such hearing or at such other time, notexceeding thirty (30) days in all, to which the samemay be continued or adjourned by said county com-missioners. the board shall proceed to examine saidstatement, hear testimony, if offered, and shallmake and enter an order upon the minutes of saidmeeting approving said statement or so much there-of as shall be deemed correct.

Ch. 160] (649.

(d) Upon the approval of said statement of ex-Arton- pense, the board of county commissioners shall by

expense. resolution apportion the same among the lands in-cluded in proportion to acreage, each acre, or frac-tion thereof, of the owners, bearing the same amount,and assess, levy and distribute such apportionedexpense as a tax against said lands to be paid as apart of the general county and state tax against saidlands at the same times, with the same penaltiesattached for delinquencies, and to be collected bythe same agencies, as said general taxes. . Thecounty treasurer shall credit all collections of thesame to the current expense fund of the county:Provided, That in no event shall the county boardhave power to apportion, assess, levy and distrib-ute the expenses of any survey, investigation andreport as taxes under the provisions of this sectionunless said survey, investigation and report hasbeen made or shall have been made by or under thesupervision of the state reclamation board.

.(e) At the time of the approval of said state-Payment by ment of expenses, the board of county commissionerswarrant, shall direct the auditor to issue a warrant against

the county current expense fund payable to the statereclamation board for the amount of said expenses,which warrant shall be issued forthwith. All suchsums so paid on account of such expenses shall becredited to the state reclamation revolving fund.

(f) If the report of the state reclamationFurther board is in favor of said improvement, the board ofagreements. county commissioners shall proceed as directed in

section 1945-62 Pierce's Code, 16, and following ofchapter 130, Laws of 1917: Provided, That nothingherein contained shall be construed as preventingthe county commissioners, or the improvement dis-trict so organized, as the case may be, from makingsuch.further agreement, as it may determine, withthe state reclamation board for the construction or

650 SESSION LAWS, 1921. [Ch. 160.

SESSION LAWS, 1921.

supervision of said contemplated improvement,under the provisions of the state reclamation act.

SEc. 3. That Drainage ditches of any drainage Ditchesalong

improvement district heretofore or hereafter cre- highway,etc.

ated may be constructed and maintained along anypublic highway, street, alley or road within the limitsof any drainage district.


CHAPTER 161.[S. B. 112.1

CONVEYANCE TO DAVID STERN.

.AN AcT for the relief of David Stern.


SECTION 1. That there be and is hereby givenand granted unto David Stern all the right, titleand interest which the State of Washington mayhave acquired upon the death of Alfred Nelson, de-ceased, in and to the following described lands inKing County, State of Washington, to-wit:

Lot One (1), Block fifty-eight (58) of Terry'sFirst Addition to the Town of Seattle.


Ch. 161.] 651


CHAPTER 162.[S. B. 228.]

PUBLICATION OF SUPREME COURT REPORTS.

AN ACT relating tb the publication of the decisions of theSupreme Court.


SECTION 1. The chief justice and reporter ofContract the supreme court are hereby authorized to modifywithBancroft- the contract between the State of Washington andWhitneyCompany. Bancroft-Whitney Company, publishers, entered

into July 13, 1915, for the publication of the reportsof the supreme court of Washington, to permit saidpublishers to charge not to exceed two dollars andtwenty-five cents ($2.25) per volume for the boundvolume of reports, and two dollars and seventy-fivecents ($2.75) per volume for the bound volume andthe advance sheets, for the period of two yearsafter the taking effect of this act: Provided, Thatthere shall be no increase in the price of the volumesfurnished to the state under said contract.


[Ch. 162.

SESSION LAWS, 1921.

CHAPTER 163.[S. B. 159.1

REQUIREMENTS FOR ADMISSION TO THE UNIVERSITYOF WASHINGTON.

AN ACT regulating the requirements for admission to the Uni-versity of Washington.


SECTION 1. The University of Washington shall Educationalrequire-

begin it's courses of study in Liberal Arts and Sci- ments.

ence at the points where the same are completedin the publie high schools of the state, as far as prac-ticable. No student shall be admitted to the Uni-versity of Washington who shall have less than grad-uation from a four year accredited high schoolexcept persons twenty-one years of age or over, andstudents registering in extension work, short coursesand in the Summer Sessions. No student shall beadmitted except upon examination satisfactory tothe University or upon certificates from those publichig schools and other educational institutionswhose courses of study meet the approval of thesaid University.

SEC. 2. All acts and parts of acts in conflict Repealing

herewith are hereby repealed. clause.


.Ch. 163.1 653

SESSION LAWS, 1921.

CHAPTER 164.[S. B. 225.]

STATE COLLEGE OF WASHINGTON TUITION FEES.

AN ACT relating to the State College of Washington and provid-ing for the collection and disposition of tuition fees.

Be it enacted by the Legislature' of the State ofWashington:

SECTION 1. The board of regents of the stateAmount of college. of Washington shall charge to and collectfee. from each of the students registering at said insti-

tution, who have not resided in this state or Terri-tory of Alaska one year prior to date of registra-tion, a tuition fee of seventy-five ($75.00) dollarsper semester. All other students except those insummer schools, short courses, correspondence orextension courses, shall be chanrged [charged] atuition fee of not less than ten (10) dollars persemester.

SEC. 2. The tuition fees collected under sectionDisposition 1 of this act shall be deposited with the state treas-offtees.

urer in the state college current fund, and expendedby the board of regents for either buildings or equip-ment or operation or maintenance as may be deemedmost advisable for the best interests of the institu-tion. Expenditures so made shall be accounted forin accordance with existing law.

SEC. 3. Tuition fees collected under this act areRefund, not returnable unless in case of sickness or otherwhen.

causes beyond the control of the student. In no caseshall more than one-half (1/.) of the tuition be re-funded. Students withdrawing under discipline for-feit all rights to the return of any portion of thefees. No portion of the tuition shall be refundedafter thirty (30) days from date of registration ofthe student.

654 [Ch. 164,

SESSION LAWS, 1921.

SEC. 4. The board of regents may exempt the Emptions

following classes of persons from the payment of payment of.

tuition: (1) All honorably discharged service menwho served in the military or naval service of theUnited States during the late world war; and allhonorably discharged service men in the militaryor naval services of any of the governments asso-ciated with the United States during said war, pro-vided they were citizens of the United States at thetime of their enlistment and who are again citizensat the time of their registration at the state college.If any of such service men have not resided in thisstate for one (1) year prior to registration saidboard may exempt them up to one-half (1/) of thetuition payable by other non-resident students;(2) members of the staff of the state college ofWashington; (3) In case of deserving studentsof this state and Alaska who, after a quarter in resi-dence have shown a marked capacity for the workdone by them in school, the board of regents, may,in lieu of collecting the fees provided for in sectionone of this act, extend credit to said students inthe amount of said fees, taking therefor the promis-sory note of the students with interest at the rateof four per cent per annum.


Ch. 1.64.] 655

SESSION LAWS, 1921.

CHAPTER 165.[S. B. 197.]

FERRIES.

Ax ACT relating to ferries and amending section 2409 Pierce'sWashington Code (Chapter 26 Session Laws of 1915).


SECTION 1. That section 2409 Pierce's Wash-ington Code be amended to read as follows:

Section 2409. That whenever the board ofinterstate. county commissioners of any county shall determine

that the construction or maintenance of a ferry ina state adjoining such county or connecting suchcounty with such adjoining state is of necessity orconvenience to the citizens of such county, the boardshall have power to enter into a contract for theconstruction or maintenance of such ferry, or tomake such contribution as may be deemed advisabletoward the construction or maintenance thereof, andto lease, or grant exclusive permits to use any wharfor landing owned or leased by such board to anyperson, firm or corporation furnishing, or agreeingto furnish ferry service between such county andsuch adjoining state.


656 [Ch. 165.

SESSION LAWS, 1921.

CHAPTER 166.[S. S. B. 144.]

PUBLIC IMPROVEMENT CONTRACTS.

AN ACT regulating contracts for public improvements, fixing thepercentages to be retained for the protection of materialmenand laborers, giving a lien thereon, and providing for theforeclosure thereof.


SECTION 1. That contractd for public improve- Retention of15% of

ments or work by the state, or any county, city, town, estinate.

district, board, or other public body, shall provide,and there shall be reserved from the moneys earnedby the contractor on estimates during the progressof the improvement or work, a sum equal to fifteenper cent. (15%) of such estimates, said sum to beretained by the state, county, city, town, district,board, or other public body, as a trust fund for theprotection and payment of any person or persons,mechanic, sub-contractor or materialman who shallperform any labor upon such contract or the doingof said work, and all persons who shall supply suchperson or persons or sub-contractors with provisionsand supplies for the carrying on of such work. Saidfund shall be retained for a period of thirty (30)days following the final acceptance of said improve-ment or work as completed, and every person per- Lien for

labor orforming labor or furnishing supplies towards the supplies.

completion of said improvement or work shall havea lien upon said fund so reserved, provided suchnotice of the lien of such claimant shall be given inthe manner and within the time provided in section1161 of Remington & Ballinger's Annotated Codeand Statutes of Washington as now existing and inaccordance with any amendments that may here-after be made thereto: Provided, however, That oeneion of

Ch. 166.]1 65T

where in any improvement or work the contractprice shall exceed two hundred thousand dollars($200,000), but ten per cent. (10o) shall be reservedon estimates in excess of said sum or where the ag-gregate of previous estimates equals or exceedssaid amount. The provisions of this act shall bedeemed exclusive and shall supersede all provisionsand regulations in conflict herewith.

SEC. 2. That after the expiration of thirty (30)e for days following the final acceptance of said improve-

payment. ment or work, and the expiration of the time for thefiling of lien claims, as herein provided, said re-serve, or all amounts thereof in excess of a sufficientsum to meet and discharge the claims of material-men and laborers who have filed their claims, asprovided for in section 1 of this act, together witha sum sufficient to defray the cost of such action andto pay attorneys' fees, shall be paid to saidcontractor.

SEC. 3. Any person, firm or corporation filingForeclosure a lien claim against said reserve fund shall have fourof liens.

(4) months from the time of the filing of claimsagainst said fund in which to bring an action forthe foreclosure of such lien. The liens providedfor in this chapter shall be enforced by a civil actionin the superior court of the county wherein the lienwas filed, and shall be governed by the laws regu-lating the proceedings in civil actions touching themode and manner of trial, and the proceedings andlaws to secure property so as to hold it for the satis-faction of any lien that be against it. In the eventthe lien claimant fails to bring an action within thetime provided for and limited herein, the said re-serve fund shall be discharged from the lien of saidclaimant and the moneys so held shall be forthwithpaid to the contractor: Provided, however, Thatthe limitation of four (4) months provided for here-in shall not be construed as a limitation upon the


SESSION LAWS, 1921.

right to sue the contractor or his surety where noright of foreclosure against said fund is sought.


CHAPTER 167.

[S. S. B. 8.]

SENATORIAL AND REPRESENTATIVE DISTRICTS INSPOKANE COUNTY.

AN ACT relating to a change in the boundary lines of the Fourth,Fifth and Seventh Senatorial Districts and the Third, Fourthand Sixth Representative Districts in Spokane County, Wash-ington.


SECTION 1. That the southeast quarter (SE1/4) Change inboundanies.

of section twenty-eight (28), in township twenty-seven (27), North, of range forty-three (43), E. W.M., in said Spokane County, be, and the same ishereby, taken from the area composing North Col-bert precinct in the Fifth Senatorial and FourthRepresentative Districts, in said Spokane County,and be, and the same is hereby, added to, made apart of and incorporated into the area of Colbertprecinct, situated in the Fourth Senatorial and ThirdRepresentative Districts, in said Spokane County,Washington.

SEc. 2. That the following described area inSpokane County, Washington, being now known anddesignated as Cowley precinct therein, be, and thesame is hereby, transferred from the Fifth Sena-torial and Fourth Representative Districts to the

Ch. 167.1 659

SESSION LAWS, 1921.

Seventh Senatorial and Sixth Representative Dis-tricts,-that is to say:

Beginning at the northwest corner of the north-east quarter (NE4) of section thirty-five (35), intownship twenty-five (25), North, of range forty-two (42), E. W. M.; thence south along the northand south center line of said section 35 to the southline of said section; thence east along the south lineof section 35, township 25, North, of range 42, E. W.M., and the south line of section 36, township 25,North, of range 42, E. W. M., and the south line ofsection 31, township 25, North, of range 43, E. W. M.,to the intersection of the south line of said sectionand the center line at Latah Creek; thence north-westerly along the center line of Latah Creek to thewest line of section 36, township 25, North, of range42, E. W. M.; thence north along the east line of saidsection to the northeast corner thereof ; thence westalong the north line of section 36 and 35 to the north-west corner of the northeast quarter of section 35,township 25, North, of range 42, E. W. M., the placeof beginning.


.660 [Ch. 167.

SESSION LAWS, 1921.

CHAPTER 168.[S. B. 102.]

PROHIBITING ADVERTISING OF TREATMENT FORCERTAIN DISEASES.

AN ACT relating to crimes, prohibiting the advertising of thetreatment and cure of sexual diseases, providing the penaltytherefor and repealing sections 2462 and 2710 of Remington& Ballinger's Annotated Codes and Statutes of Washington.


SECTION 1. Every person who shall advertise, Offensesstated.

either in his own name, or in the name of anotherperson, co-partnership or pretended co-partnership,association, corporation or pretended corporation, inany newspaper, pamphlet, circular, periodical or inany other written or printed paper, and everyowner, publisher, editor or manager of any news-paper, pamphlet, circular, periodical or otherwritten or printed paper, who shall publish, orpermit to be published or inserted, an advertisementin any newspaper, pamphlet, circular, periodical, orother written or printed paper, owned or controlledby him, or of which he is the editor or manager, andevery person who shall distribute, circulate, displayor cause to be distributed, circulated or displayed,any newspaper, pamphlet, circular, periodical, orother written or printed paper containing any ad-vertisement for the treatment or care of venereal dis-eases, the restoration of lost manhood, or of lostvitality or lost vigor, or monthly regulators forwomen, or the treatment of diseases of the sexualorgans, or diseases caused by sexual vice, self-abuseor any disease of like cause, or the sale of any medi-cine, drug, compound, mixture, appliance, or anymeans whatever, whereby sexual diseases of men orwomen may be cured or relieved, shall be guilty of agross misdemeanor.

661Cr. 168.]1

SEc. 2. Any advertisement in any newspaper,Use of periodical, pamphlet, circular or other written orcertain

priace printed paper, containing the words, "lost man-evidence. hood", "lost vitality", "lost vigor", "monthly

regulators for women", or words synonymoustherewith, shall be prima facie evidence of intent toviolate this act by the person or persons so advertis-ing, or causing to be advertised, or publishing or per-mitting to be published, or distributing, circulatingand displaying or causing to be distributed, circu-lated or displayed, any such advertisement.

SEC. 3. That sections 2462 and 2710, RemingtonRepealing & Ballinger's Annotated Codes and Statutes ofclause.

Washington, be, and the same are hereby, repealed.


CHAPTER 169.[S. B. 120.1

REFORESTATION.

AN ACT relating to the acquirement and designation of lands tobe known as state forest lands and to be used for the de-velopment and growth of timber, and making an appropria-tion.


SECTION 1. The director of conservation and de-state may velopment is authorized to acquire by purchase oracquirelands for. gift any lands which, by reason of their location,

topography and geological formation, are unsuitablefor agricultural development, and are chiefly valu-able for the purpose of developing and growing tim-ber, and to designate such lands and any lands of the

(Ch. 169.662 SESSION LAWS, 1921.

SESSION LAWS, 1921.

same character belonging to the state, as state forestlands: Provided, That not to exceed five dollars peracre shall be paid for any lands purchased under thisact: Provided further, That the director is author-ized to acquire by purchase at a price not to exceedone dollar per acre, or by gift, any such lands reserv-ing to the vendor or donor all oils, gases, coal, min-erals and fossils of every name, kind or description,or either or any of them, which may be in or uponsaid lands and the right to enter upon said lands forthe purpose of prospecting for or opening, develop-ing and working mines thereon and taking and re-moving therefrom the materials reserved.

SEC. 2. Whenever any lands are designated as Reserved

state forest lands, the commissioner of public landsshall be notified and shall note such designation uponthe records of his office, and shall keep a record de-scribing all of such lands, the date when and howacquired and the price, if any, paid therefor; andthereafter such lands shall be reserved from sale orlease: Provided, however, That the timber on suchlands may be sold whenever the director of conser-vation and development shall notify the commis-sioner of public lands that such timber is suitablefor sale: Provided further, That such lands shall besubject to lease under the laws relating to minerallands of the state, but under such conditions as shallnot interfere with and impair their use as stateforest lands.

SEC. 3. The director of conservation and de- Seed and

velopment is authorized to seed and develop forests develop.

on any lands designated by him as state forest lands,and shall furnish such care and fire protection forany such lands as he shall deem advisable.

SEC. 4. The commissioner of public lands, super- Logged-off- or deforested

visor of forestry and the supervisor of geology, lands

shall, on or before the first day of January of each

Ch. 169.] 663

year, report to the director of conservation and de-velopment any logged-off lands or deforested landsbelonging to the state or held in private ownership,coming to their knowledge and observation duringthe preceding year, of the same character as thelands described in section 1 of this act.

SEC. 5. There is hereby appropriated the sumAppropria- of five thousand dollars, payable out of the reclama-tion.$5,000.00. tion revolving fund of the state, not otherwise ap-

propriated, for the purpose of carrying out the pro-visions of this act.

SEC. 6. The state forester and fire warden shallDelegation exercise all the powers and perform all the duties inof powers.

this act vested in, and required to be performed by,the director of conservation and development andthe supervisor of forests, until such time as suchofficers shall be appointed, qualify, assume and ex-ercise the duties of their respective offices; and thestate geologist shall exercise all the powers and per-form all the duties in this act vested in, and requiredto be performed by, the supervisor of geology, untilsuch time as such officer shall be appointed, qualify,assume and exercise the duties of his office.

SEc. 7. Provided, however, All lands purchased

e. F under the provisions of this act shall be classifiedand designated as "State Granted School Lands.'

* Passed the Senate March 4, 1921.Passed the House March 7, 1921.Approved by the Governor, with the exception of


664 SESSION LAWS, 1921. [Ch. 169.

SESSION LAWS, 1921.

CHAPTER 170.[S. B. 139.1

ELECTIONS IN OTHER THAN CLASS A AND FIRSTCLASS COUNTIES.

AN ACT fixing the time for holding city, port district and schooldistrict elections in certain cases, providing for the appoint-ment of election officers and prescribing their duties, and fix-ing the time of the commencement of terms of municipaland district officers.

Be it enacted by the Legislature of the State ofWashington,:

SECTION 1. All city, school district and port dis- Time ofholding,

trict elections, other than in class A and first classcounties, whether general or special, and whether forthe election of officers, or for the submission to thevoters of such city, port district or school district,of any question for their adoption and approval orrejection, in any port district, containing a schooldistrict of the first class, shall be held on the firstSaturday in December in the year in which they maybe called: Provided, That this section shall not beconstrued as fixing the time for holding the electionsfor the recall of any city or district officers or pri-mary election or special bond election.

SEC. 2. The term of every city, port district and Term ofoffice,

school district officer elected under the provisions ofthis act shall begin on the first Monday in Januaryfollowing his election: Provided, however, That anyperson elected to office at the first election held underthis act shall not take office until the expiration ofthe term of office of his predecessor: And providedfurther, That any person whose term of office shallexpire prior to the holding of the first election underthis act shall continue to hold office until his suc-cessor is elected and qualified.

Ch. 170.] 665

SEC. 3. It shall be the duty of the chairman ofPlace of d the board of county commissioners, the county

oeeton auditor and the prosecuting attorney in all city, townand district elections held under the provisions ofthis act to provide places for holding elections, toappoint the election officers, to provide for their com-pensation, to provide ballot boxes, ballot or votingmachines, poll books and tally sheets, and deliverthem to the election officers at the polling places, topublish and post notices of calling such elections inthe manner provided by law, and to apportion toeach city, town or district its share of the expense ofsuch election.

SEC. 4. The election officers hereinabove pro-Conductof vided for shall conduct such election and shall re-elections.

ceive and deposit the ballots cast thereat in theproper and respective ballot boxes and shall countsaid ballots and make return therof to the properofficers of the respective cities, port districts andschool districts in the manner provided by law:Provided, however, That there shall be but one setof election officers in each precinct.

SEC. 5. At every election held under the pro-Polls, visions of this act, the polls shall be kept open fromhours toremain eight o'clock A. M. to eight o'clock P. M., and allopen. -qualified electors who shall be inside the polling

place at eight o'clock P. M. shall be allowed to casttheir ballots at such election.

Passed the Senate March 5, 1921. -Passed the House March 9, 1921.Approved by the Governor March 21, 1921.


SESSION LAWS, 1921.

CHAPTER 171.[S. B. 204.]

INVESTIGATION OF TAXATION.

A- ACT authorizing the Governor to investigate the subject oftaxation and to employ assistance in making such investiga-tion, and making an appropriation therefor.

WHEREAS, real property and tangible personalproperty are now bearing the entire burden of tax-ation; and

WHEREAS, this class of property cannot be anymore burdened without confiscation; and

WHEREAS, it is necessary that some steps be takento bring about a more equitable and fair distributionof the burdens of government as related to raisingof revenue; therefore


SECTION 1. That the Governor of the State of Governorauthorized

Washington be, and he is hereby, empowered to take to make.

such steps as he shall deem necessary to properlyinvestigate the entire subject of taxation.

SEC. 2. That he shall employ such expert assist- Assistants.

ants as he may deem necessary to make a thoroughand comprehensive investigation of the entire sub-ject of taxation.

SEC. 3. That he shall make and publish a report Report.

of his findings and recommendations regarding thesubject of taxation at least six months before themeeting of the next Legislature and file his reportwith the Legislature for its information.

SEC. 4. There is hereby appropriated from the Appropria-

general fund to the Governor of the State of Wash- $o0ooo.oo.

ington the sum of twenty.thousand dollars ($20,000)or so much thereof as may be necessary to be ex-

Ch. 1.71.]1 667

pended upon his personal voucher to pay the ex-penses of said investigation.


CHAPTER. 172.[S. B. 233.]

CONSTITUTIONAL AMENDMENT ON COMPENSATIONOF LEGISLATORS.

AN ACT providing for the amendment of section 23, article II,of the constitution of the state of Washington, relating tocompensation to be paid members of the legislature.


SECTION 1. That at the general election to beSubmission held in this state on Tuesday next succeeding theto voters.

first Monday in November, 1922, there shall be sub-mitted to the qualified electors of this state, for theiradoption and approval or rejection, an amendmentto Article II of the Constitution of the State ofWashington, so that section 23 of said Article IIwhen amended shall read as follows:

Section 23. Each member of the LegislatureCompensa- shall receive for his services, ten dollars for each

day's attendance during the session, and ten centsfor every mile he shall travel in going to and return-ing from the place of meeting of the Legislature, onthe most usual route.

SEc. 2. The secretary of state shall cause thePublication foregoing amendment to be published for at leastof amend-ment. three months next preceding the election, in some

668 SESSION LAWS, 1921. [Ch. 172.

SESSION LAWS, 1921.

weekly newspaper, in every county where a news-paper is published throughout the state.


CHAPTER 173.[S. B. 161.]

TAXATION.

Ax ACT relating to revenue and taxation, requiring dealers astherein defined to pay an excise tax on the sale of certainliquid fuels, fixing a penalty for a violation of the provisionsof the act, and repealing sections 6051 to 6058 inclusive ofRemington & Ballinger's Annotated Codes and Statutes ofWashington.


SECTION 1. (a) The term "internal combus- "Internalcomnbustion

tion engine" whenever used in this act shall be held engine"defined.

and construed to mean and include any vehicle, en-gine or machine movable or immovable which is op-erated or propelled by the combustion of volatile andinflammable liquid fuels.

(b) The terms "liquid fuel," "liquid fuels," "Lui.dfuel," etc.,"fuel" and "fuels" whenever used in this act shall defined.

be held and construed to mean and include gasolineand all -volatile and inflammable liquid fuels, pro-duced or compounded for the purpose of operatingor propelling internal combustion engines: Pro-vided, That kerosene shall not be considered to be aliquid fuel in the meaning of this act.

(c) The term "distributor" whenever used in "Dis-tributor"

this act shall be held and construed to mean and in- defined.

clude any person, firm, or corporation which pro-duces, refines, manufactures or compounds and

Ch. 172.]1 669

thereafter sells such liquid fuel in the State ofWashington for use and sale in this state, or whoimports and sells such liquid fuel into this stateexcept as hereinafter provided.

SEC. 2. That in addition to the taxes now pro-Excise tax vided for by law each and every distributor, as de-of 1%.

fined in this act, who is now engaged or who mayhereafter engage, in his own name, or in the nameof others, or in the name of his representatives oragents in this state, in the sale of liquid fuel as hereindefined, shall not later than the fifteenth of eachcalendar month render a sworn statement to thedirector of licenses of the State of Washington ofall such liquid fuel sold by him or them in the Stateof Washington during the preceding calendar month,and pay an excise tax of one cent per gallon on allliquid fuel so sold as shown by such statement in themanner and within the time hereinafter provided.

SEC. 3. All distributors of such liquid fuel in

fributors, the State of Washington shall file a duly acknowl-certificate. edged certificate with . the director of licenses on

forms prescribed, prepared and furnished by him,which shall contain the name under which such dis-tributor is transacting business within the State ofWashington; such certificate shall state the place orplaces of business and location of distributing sta-tions of the distributor in the State of Washington,the name and address of the managing agent, thenames and addresses of the several persons consti-tuting the firm or partnership, and if a corporation,the-corporate name under which it is authorized totransact business, and the names and addresses ofits principal officers, resident general agent and at-torney-in-fact. If such distributor is an associationof persons, firm, partnership or corporation organ-ized under the laws of another state, territory ornation, if it has not already done so, it must first

670 SESSION LAWS, 1.921. [Ch. '173.

comply with the laws of Washington relating to thetransaction of its appropriate business therein. Nodistributor, as herein defined, shall, after this lawgoes into effect, sell any liquid fuel, until such cer-tificate is furnished as required by this act.

SEC. 4. Every distributor of such liquid fuel Monthlystatement

shall render to the director of licenses of the State byodis-

of Washington, on or before the fifteenth day of eachmonth, on forms prescribed, prepared and furnishedby said director, a sworn statement of the numberof gallons of liquid fuel sold by it, him or them dur-ing the preceding calendar month, which statementshall be sworn to by one of the principal officers incase of a domestic corporation, or by the residentgeneral agent or attorney-in-fact in case of a foreigncorporation, or by the managing agent or owner incase of a firm or association, and shall contain astatement of the quantities of liquid fuel sold. Billsshall be rendered to dealers in liquid fuel as hereindefined. Said bills shall contain a statement printedthereon in a conspicuous place that the distributorof such liquid fuel has assumed the liability to thestate for the license tax herein imposed and that he,it, or they will pay said license tax on or before thefifteenth day of the following month.

SEC. 5. Said excise tax shall be paid on or be- Monthly

fore the fifteenth day of each month to the state tax.

treasurer of the State of Washington, who shall re-ceipt the distributor therefor, and place the sameto the credit of the motor vehicle fund.

SEC. 6. Every distributor of such liquid fuel Distributorto keep

shall keep a record in such form as may be prescribed record.

by the director of licenses of all purchases, receipts,sales and distributions of such fuel, and such recordshall at all times during the business hours of theday be subject to inspection and examination by the


director of licenses, or his deputies, or such otherofficers as may be provided by law.

SEC. 7. All liquid fuel sold in containers shallSticker bear a sticker tag showing the date of invoice upontags. which the same was delivered, the name of the dis-

tributor of such fuel, and shall contain a statementthat the liability for the license tax thereon has beenassumed by such distributor.

SEC. 8. It shall be unlawful for any person, firmviolations. or corporation dealing in liquid fuel to receive or ac-

cept any delivery or shipment of liquid fuel fromany distributor or to pay for the same, or to sell oroffer the same for sale, unless the statement pro-vided for in section (7) appears upon the containerand upon all invoices for such liquid fuel. If anyshipment of liquid fuel is received by any person,firm or corporation from any distributor, or is soldor offered for sale by him or them, upon which therequirements of sections 4 and 7 of this act are notcomplied with, such person, firm or corporation shallbe deemed guilty of a misdemeanor: Provided, Thatthe provisions of this section shall not apply to thereceipt or sale of liquid fuels which are exempt fromstate taxation under the Constitution and laws ofthe United States.

SEC. 9. The director of licenses shall have theRules and power and it shall be his duty from time to time, toregulation adopt, publish and enforce rules and regulations not

inconsistent herewith for the purpose of carryingout the provisions of this act.

SEc. 10. Said excise tax shall not be imposed onExportation. liquid fuel when sold for exportation from the State

of Washington to any other state, territory or na-tion: Provided, however, The distributor or export-ing agent shall make a statement each month to the

672 SESSION LAWS, 1921. [.Ch. 17,3.

SESSION LAWS, 1921.

director of licenses showing the amount of liquidfuel exported.

SEC. 11. If any person shall receive such liquid When taxprecludedfuels in such form and under such circumstances as a s.

shall preclude the collection of this tax from the dis-tributor by reason of the provisions of the Consti-tution and laws of the United States, and shall there-after sell such liquid fuel in such manner and undersuch circumstances as may subject such sale to thetaxing power of the state, such person shall be con-sidered a distributor and shall make the same re-ports, pay the same taxes and be subject to all theother provisions of this act relating to distributorsof liquid fuel.

SEC. 12. Any distributor, association of per- Violations.

sons, firm or corporation violating any of the pro-visions of this act or of any of the rules and regula-tions prescribed by the director of licenses for thepurpose of carrying its provisions into effect, shallbe deemed guilty of a gross misdemeanor.

SEC. 13. Nothing in this act contained shall be scope of act.

construed to require the payment of the excise taxherein provided for, or the doing of any acts whichwould constitute an unlawful burden upon the saleor distribution of liquid fuels as herein defined, inviolation of the Constitution or laws of the UnitedStates.

SEC. 14. The secretary of state shall exercise all Delegationof powers

the powers and perform all the duties required of the and duties.

director of licenses until such time as the directorof licenses shall be appointed and qualify.

SEC. 15. If any section, subdivision, sentence or Partialinvalidity.

clause of this act is for any reason held to be uncon-stitutional, such decision shall not affect the validityof the remaining portions of the act.

-22

Ch. 173.1 673

674 SESSION LAWS, 1921. [Ch. 174.

Repealing SEC. 16. That sections 6051 to 6058 inclusive ofclause.

Rem. & Bal. Code are hereby repealed.

SEC. 17. This act shall take effect July 1, 1921.

Passed the Senate February. 26, 1921.Passed the House March 1, 1921.Approved by the Governor March 21, 1921.

CHAPTER 174.

[S. B. 170.]

POLL TAX.

A- ACT providing for the levy and collection of an annual pollor capitation tax, providing penalties, and declaring that thisact shall take effect immediately.


SECTION 1. All persons of this state, overPersons twenty-one (21) years of age and under fifty (50)liable for. years of age, except idiots, insane persons, and per-

sons supported at public expense, shall annually paya poll tax of five dollars ($5.00), which shall be dueand payable in money without any exemptions what-soever, on or before the first day of May of eachyear, to the county treasurer of the county in whichsuch person resides, who shall issue to such persona receipt therefor.

SEC. 2. It shall be the duty of the county asses-Listing of sor of each county of the state to annually, at theinhabitantsand time of the assessment and listing of personal prop-employers..

erty for the purpose of taxation, as provided for bylaw, to list all inhabitants of the county liable to paya poll tax and to compile and furnish to the countytreasurer on or before the 30th day of April in eachyear, a list of all persons liable for the payment of

SESSION LAWS, 1921.

the poll tax as herein provided, together with theaddresses of such persons. It shall be the duty ofthe industrial insurance department to furnish tothe county treasurer of each county, on or beforethe 30th day of April of each year, a list of all em-ployers within such county whose names appear uponthe records of the industrial insurance departmentas contributors to the accident or other funds of saiddepartment.

SEC. 3. Any person, firm, corporation or com- Employer torequire proof

pany, or agent thereof, having in his or their employ of payment.

persons liable to pay a poll tax as herein provided,shall, before making to any such person any pay-ment of wages or salary after the first day of Mayof each year, require of such person satisfactoryproof that he or she has paid the poll tax hereinrequired, and, in the event that such proof is notfurnished, such person, firm, corporation or com-pany, or agent thereof, shall deduct from the wagesor salary due and owing to each of such employeesthe sum of the poll tax for which such employee isthen liable and to pay the same to the county treas-urer, on behalf of such employee. Any person, firm,corporation or company, or agent thereof, failing tomake any deductions herein provided for shall beliable for the payment of any poll tax not so de-ducted, together with interest and penalties; and thebooks, records or payrolls of any such employershall always be open to inspection of any public of-ficer, his agent or representative who is chargedwith any duty relating to the collection of the taxherein provided. If any employer or other personshall refuse to submit his books, records or payrollsfor inspection by any proper officer, such officer mayapply to a superior judge of the proper county foran order directing that he be allowed to make suchinspection, and if any employer or other person shall

Ch. 174.]1 675

[Ch. 174.

refuse to obey said order he shall be in contempt ofcourt and shall be punished as in cases of contempt.Such person shall also be guilty of a misdemeanor.

SEC. 4. It shall be the duty of the county treas-Sheriff to urer of each county of the state to certify, on thecollect afterJune first, first day of June of each year, to the sheriff of such

county, a list of the names of all persons liable forthe payment of the poll tax as herein provided whohave not made such payment, and upon receipt ofsuch list it shall be the duty of the sheriff to collectthe poll tax from such persons and from any othersliable therefor. Upon the neglect or refusal of anysuch person or persons to pay said poll tax thesheriff shall collect the same by seizure and sale ofany property owned by such person or persons, andno property shall be exempt from seizure hereunder,and any such property seized shall be sold or causedto be sold by the sheriff after ten days' notice given,the same as in notices of sale under execution, to paythe said tax and the costs of seizure and sale.

SEc. 5. The various county treasurers shall onCollections or before the first day of every month remit to theremitted tostatetreasurer. state treasurer four-fifths of all taxes collected under

this act, and said taxes so remitted shall be depositedin the general fund and the county treasurers shalldeposit the remaining one-fifth of said taxes col-lected in the current expense fund of their respectivecounties: Provided, That if the taxes collected underthe provisions of section 8, chapter 1, Laws of theExtraordinary Session of the Legislature of 1920,shall prove insufficient to pay the interest and prin-cipal of the bonds issued under said act, then it shallbe the duty of the Legislature to appropriatemonies from the general fund to cover such de-ficiency in an amount not in excess of the moniestransmitted to the general fund under this act.


SESSION LAWS, 1921.

SEC. 6. That said poll tax shall operate as a lien Lien of tax.

on all real and personal property of whatsoever kindwhich may be owned by or in which the said tax-payer may have an interest for the year he may owethe tax and such lien shall continue to exist thereoninto whatever hands such property or interest maypass, and the county treasurer shall, on and afterthe first day of June of each year of which such taxshall be payable, enter such unpaid tax on the realproperty tax rolls of the county in the manner pro-vided by law for the collection of personal taxes andthereafter such tax shall be collected in the samemanner and subject to the same penalties as pro-vided for in the case of general taxes.

SEC. 7. Before any person serving as a juror or Court clerkto deductas a witness in criminal or state cases shall receive tax, when.

the compensation to which he is entitled for his mile-age and per diem, he shall exhibit to the clerk of thecourt and county auditor a receipt or other evidenceof payment for the poll tax or taxes due by him, andupon failure to produce the receipt or other evidenceof payment, the clerk of the court or other properofficer issuing the warrant for the mileage and perdiem, shall issue a warrant for the amount due suchwitness less the poll tax due and shall issue a war-rant for the amount so received for said poll taxto the treasurer of the county who shall collect thesame; and the county treasurer shall give such per-son credit for the poll tax.

SEC. 8. The state auditor shall prepare and have Poll taxreceipts.

printed suitable forms of poll tax receipts with ap.propriate blank for name and year for which paidand date of payment, and on or before the 30th dayof April of each year, shall furnish to the severalcounty treasurers of the state blank receipts,countersigned with his fac-simile signature, sufficientfor the use of the respective counties, taking their

Ch. 174.] 677

receipt for the same. Each blank receipt for suchpoll tax shall be made in duplicate and numberedconsecutively, the original to be delivered to the per-son paying said tax and the duplicate to be filed inbook form in the office of the county treasurer.

SEC. 9. The county treasurer and sheriff may inCollection the name of the county, where any poll tax is soughtof tax.

to be collected, invoke in the collection of such taxany process of civil procedure authorized by law.Public officers of this state shall render any servicedemanded by the county treasurer and county sheriffduly authorized by them, without charge or fee ofany kind: Provided, That the county commissionersmay allow in the case of public officers who receivetheir compensation by fees, such allowance charge-able as costs as provided by law.

SEC. 10. If any section, subdivision, sentence orPartial clause of this act is for any reason held to be un-invalidity.

constitutional, such decision shall not affect the val-idity of the remaining portions of this act. -

SEC. 11. This act is necessary for the supportEmergency of the state government, and its existing public in-

stitutions, and shall take effect immediately.Passed the Senate February 26, 1921.Passed the House March 8, 1921.Approved by the Governor March 21, 1921.

678 SESSION LAWS, 1921. [Ch. 174.

SESSION LAWS, 1921

CHAPTER 175.[S. S. B. 180.]

POWERS OF DIRECTORS OF FIRST CLASS SCHOOLDISTRICTS.

AN ACT relating to education and to the public schools; pre-scribing and limiting the powers of directors and officersof school districts in matters of health and sanitation, andamending section 4509 of Remington & Ballinger's AnnotatedCodes and Statutes of Washington.



Section 4509. Every board of directors of a Powersenumerated.

school district of the first class shall, in addition tothe general powers enumerated in chapter XVII(XV) of this title have the power:

First: To employ for a term of not exceedingthree years a city superintendent of schools of thedistrict, and for cause to dismiss him; and to fix hisduties and compensation.

Second: To prescribe a course of study and aprogram of exercises which shall not be inconsistentwith the course of study prepared by the state boardof education for the use of the common schools ofthis state.

Third: To make necessary by-laws for more ef-fectively carrying out the provisions of this act andfor facilitating the work of the board, as requiredby law.

Fourth: To adopt and enforce such rules andregulations as may be deemed essential to the wellbeing of the schools, and to establish and maintainsuch grades and departments, including night, high,kindergarten, manual training and industrial schoolsand schools and departments for the education and

679Ch. 175.]

training of any class or classes of defective youth,as shall, in the judgment of the board, best promotethe interests of education in that district.

Fifth: To employ, and, for cause, to dismissteachers and janitors; to determine the length oftime over and above eight. (8) months that schoolshall be maintained: Provided, That for purposesof apportionment no district shall be credited withmore than one hundred and eighty-three days' at-tendance in any school year; to fix the time for an-nual opening of schools and for the daily dismissalof primary pupils before the regular time for clos-ing schools.

Sixth: To employ a business manager, attor-neys, an architect, inspectors of construction, super-intendents of buildings and janitors, and a superin-tendent of supplies and other employees, and to pre-scribe their duties and fix their compensation.

Seventh: To employ, and for cause dismiss oneor more assistant city superintendents and to definetheir duties and fix their compensation.

Eighth: To employ, and for cause dismiss, su-pervisors of instruction, and to define their dutiesand fix their compensation.

Ninth: To maintain a shop and repair depart-ment, and to employ a foreman and the necessaryhelp for the maintenance and conduct thereof.

Tenth: To provide free text books and suppliesfor all children attending school, when so ordered bya vote of the electors; or if the free text books arenot voted by the electors, to provide books for chil-dren of indigent parents, on the written statement ofthe city superintendent that the parents of such chil-dren are not able to purchase them.

Eleventh: To require of the officers or em-ployees of the district to give a bond for the faith-ful discharge of their duties in such penal sum as

680 SESSION LAWS, 1921. [Ch. 175.

SESSION LAWS, 1921.

may be fixed by the board with good and sufficientsurety, and to cause the premium for all bonds re-quired of all such officers or employees to be paid bythe district.

Twelfth: To prohibit all secret fraternities andsororities among the students in any of the schoolsof the said districts.

Thirteenth: To appoint a practicing physician,resident of the school district, who shall be knownas the school district medical inspector, and whoseduty it shall be to decide for the board of directorsall questions of sanitation and health affecting thesafety and welfare of the public schools of thedistrict; he or authorized deputies shall make in-spections of each school in the district and reportthe condition of the same to the board of educationand board of health: Provided, however, That aparent or guardian having control or charge of anychild enrolled in any public school in districts ofthe first class of the state may file annually with theprincipal of the school in which he is enrolled, astatement in writing, signed by such parent orguardian, stating that he will not consent to the phys-ical examination of his child, and thereupon suchchild shall be exempt from any physical examina-tion: Provided, further, That whenever such prac-ticing physician or graduate nurse shall in good faithhave reason to believe that such child is sufferingfrom a contagious or infectious disease, such childmay be examined for such contagious or infectiousdisease and if found so infected shall be sent homeand such parent or guardian shall be notified of thereason therefor, and then such child shall not bepermitted to return to school until the school author-ities are satisfied that such child is not sufferingfrom such contagious or infectious disease, and: Pro-vided, further, That no child shall be required to

Ch. 175.1 681

submit to vaccination without the written consent ofhis parent or guardian, and: Provided further, Thatno form of vaccination, inoculation or other medica-tion shall hereafter be made a condition precedentin this state for admission to or attendance in anypublic school maintained by a district of the firstclass or for the employment of any person as teacherin any such school or in any other capacity in con-nection therewith: Provided, further, That no pro-vision of this act shall be construed as preventing thequarantining or exclusion of persons suspected ofhaving, or who have been exposed, to contagiousdiseases.


CHAPTER 176.[S. B. 193.]

PARTY CONVENTIONS.

AN ACT relating to the nomination of candidates for public office,the holding of party conventions, the election and powers ofparty committees, and amending sections 4807, 4809 and 4826of Remington and Ballinger's Annotated Codes and Statutesof Washington, and providing penalties for its violation.



Section 4826. (a) The Precinct Committeemen ofElection of each party entitled to participate in the Septembercommittee-men, party primaries shall be elected at the September pri-powers. maries. Any elector duly registered to vote in his

precinct may file, at a cost of $1.00, with the countyauditor, a declaration of candidacy for precinct com-

682 SESSION LAWS, 1921. [Ch. 176.

SESSION LAWS, 1921.

mitteemen for the party only with which he is dulyregistered, and for the election precinct in which heresides. Said filing shall be in all respects andfollow the form provided in section 15 of this act,and be governed by its provisions. The name ofsuch candidates so filing for precinct committeemenshall be printed or stamped upon the ballot providedfor in section 4813 of Rem. and Bal. Code: Provided,That nothing herein contained shall prevent anyvoter from writing in on the ticket the name of onequalified registered elector of the precinct, for mem-ber of the party committee of the party with whichsaid elector is registered. The one having thehighest number of votes shall be such committeemanof such party for such precinct: Provided, That theauditor shall determine all cases of ties as providedby the primary election laws of this state. Thecounty auditor shall certify to each county commit-tee the names of the duly elected committeemen ofthat party, on or before the Monday following thesaid primary election.

(b) The party committee of each county shallconsist of the precinct committeemen from the sev-eral precincts of such county. The state committeeshall consist of one committeeman from each county,elected by the county committee: Provided, Thatthe state committee of each party may, by resolutionduly passed, provide for the election of the statecommitteemen of each county by the county conven-tion to be held in accordance with the provisions ofthis act. The county committee shall meet for thepurpose of electing the state committeemen, and forthe purpose of organization, at the court house atthe county seat of each county at two o'clock P. M.on the second Saturday after the primary election,unless some other time and place of such meetingshall be designated by a regular call of the properly

Ch. 176.]1 683

authorized officers of the retiring committee. Thecounty auditors of the various counties shall issuecertificates of election to the said committeemen asis provided in the case of other primary nomina-tions.

(c) Each county committee shall have power tomake its own rules and regulations, to call conven-tions, to provide for the. election of delegates tosuch county conventions, to fill all vacancies on theticket, to delegate the whole or any part of itsfunctions to duly authorized and elected officers orcommittees, and to perform all other functions regu-larly inherent in such organizations for politicalpurposes, the same as though this act had not beenpassed.

(d) The state committee shall have the powerto make its own rules and regulations, to call con-ventions, state, district and national, to provide fornominating presidential electors, to fill all vacancieswhich may occur on the ticket, to delegate the wholeor any part of its functions to duly authorized andelected oficers or committees, and to perform allother functions usually inherent in organizationsfor political purposes.

SEc. 2. Hereafter, each political party of thisCounty and state, entitled under the existing laws to participatestateconventions. in the September primaries, shall hold county and

state conventions prior to May 15, and June 15,respectively, of 1922, and each biennial year there-after. Each county party committee at a meetingduly called and held not more than thirty (30) daysnor less than ten (10) days before the holding of theparty primary for the selecting of delegates to thecounty conventions, as hereinafter provided, shalldetermine the date, the hour and the place of hold-ing the county convention, determine the total num-ber of delegates to be elected thereto, fix the basis


SESSION LAWS, 1921.

of representation in each precinct, which basis shallbe the same for each voting precinct in said county,and determine the number of delegates from eachvoting precinct: Provided, That each voting pre-cinct shall be entitled to at least one delegate. Thesaid list, matters, and things herein provided for,shall thereupon be filed in the office of the county.auditor, without charge, duly certified by the chair-man and secretary of each party, within three daysafter the holding of said meeting. Not less 'thanten days' notice of the time and place of holdingthe county convention shall be given through thepress of the county by the county executive officersof each party.

SEc. 3. Delegates to county conventions of each neiegatesto county

party shall be selected in pursuance of the rules and conventions.

regulations passed by the party committee of eachrespective county in conformity to this act. Suchrules must cover at least: First, the date, the timeand place of holding the elections in the precinctsand the hours between which the polls are to bekept open: Provided, That the date of holding suchparty precinct elections shall be at least five daysprior to the holdings of the county conventions, and:Provided further, That the polls shall, in all cases,be kept open for a period of at least two hours, be-tween one o'clock P. M. and eight o'clock P. M. onthe day on which the election is to be held. Second,reasonable and proper provision must be made forjudges or officers at such election, to be qualifiedvoters of the precinct for which they are designatedand registered with the pArty. Third, the qualifica-tions required for voters in order to participate insuch party election of delegates: Provided, That ifthe right of any voter to vote is challenged, suchvoter shall be required to make an affidavit, whichmay be administered by any of the officers of the

Ch. 176.] 685

said election, to the fact that he is a qualified voterof said precinct and complies with the qualificationsenabling him to participate in such party electionof delegates and intends to support and vote forthe party nominees at the ensuing general election.Fourth, the method and manner of making returns

* of the said party election of delegates to the countyparty committee. Fifth, the manner of giving thenotice in each precinct of the time, place and hoursof holding the said precinct party election.

SEc. 4. At least ten days prior to any such elec-Notice of tion of delegates to a county convention, there shallelection.,

be published in one or more newspapers of generalcirculation in the county, in and for which such partyelection is to be called, a notice which must statethe time, place or places of such election, the date,the number of delegates to be selected from eachprecinct, and a general statement of the manner andconditions of holding such election, and the authorityby which the call for which such election is publishedby such county committee. Likewise there shall beposted, at least ten days prior to such election, inat least one public place in each precinct, a noticesigned by the chairman or secretary of the countycommittee, calling such election, and which noticemust also state in brief the date and place of suchelection and the number of delegates to be selectedfrom such precinct.

SEc. 5. The qualifications and duties of judgesElection and officers of the party election, designated by suchboard.

county committee, and tLeir organization for thepurposes of conducting such election, shall be thesame as those provided in the general election, inso far as the same may be reasonably applicable;and such election officers shall have the power toadminister oaths and the right to question any voteras to his party affiliation and intention to support

686 SESSION LAWS, 1921. [Ch. 176.

SESSION LAWS, 1921.

the nominees of the party at whose party electionhe is proposing to vote. In case the judges or officersdesignated by the county committee fail to attend,the voters present may select others in lieu of suchas fail to attend.

SEc. 6. The ticket to be voted at said party elec- Ticket.Poll list.

tion may be either printed or written, or partly P

printed and partly written.

SEc. 7. It shall be the duty of one of the officersof each party election board to keep a list of thenames of all persons voting at such election, num-bered in order of their voting; and the said boardshall, immediately upon the closing of the polls pro-ceed to canvass the vote, publicly, and shall deliverthe tabulated returns to the county party committee,showing the names of all persons voted for and thenumber of votes cast for each person, and certifythe same to be correct, which certificate shall be at-tested by the officer of said party election. Thechairman of the party election board shall preservethe ballots cast and the list of names of those votingat such election, for a period of at least fifteen (15)days: Provided, however, That in case of a contestof the election in any precinct, the said chairmanshall deliver said ballots and the said list to the sec-retary of the county committee upon his demand.

SEC. 8. Before receiving any ballots the officers Ballot box.

of said party election, in the presence of all personsassembled at the respective precinct polling places,shall open and exhibit the ballot box, so that no bal-lots shall be therein at the time the polls are open,and thereafter said ballot box must not be removedfrom the polling places by any person, nor from theview of the by-standers, until all the ballots arecounted, nor must it be opened for the purpose ofcounting the votes until the polls are closed.

Ch. 176.]1 87

SEC. 9. The delegates elected to county conven-deeaes, tions provided for in this act shall assemble in theirdut ies. respective counties on the date fixed by the county

committee calling for the election of such delegates,at the hour and place named by such committee.In addition to the usual powers exercised by countyconventions, each county convention shall adopt aplatform, select the number of delegates to the stateconvention provided for in the call of the state com-mittee, and shall select one member of a state ad-visory platform committee.

SEC. 10. The provisions of this act shall not ap-Scope of act. ply to special elections for filling vacancies for unex-

pired terms, or to any city, town or school, dike,waterway, port, or metropolitan park district, orany local improvement district election; nor shallthe provisions of this act apply or be made appli-cable in any way to any party casting less thanten per cent (10%) of the votes for candidates forGovernor at the last preceding general election; norshall the provisions of this act be considered asrepealing any existing. statutes of this state pro-viding for the selection of delegates to county con-ventions where any party committee elects by reso-lution to accept the provisions of existing laws inthe manner provided by existing law.

SEC. 11. It shall be the duty of the members ofan the platform advisory committee, as provided for in

committee. this act, to meet at the place of holding the stateconvention at ten (10) o'clock A. M. on the secondday preceding the holding of the said state conven-tion, and shall hold public hearings and submit to thestate convention an advisory platform.

SEC. 12. It shall be the duty of the state commit-cnention. tee of each of the political parties entitled to hold

conventions under this act, to issue a call for theirstate conventions, specifying the time and place of

688 SESSION LAWS, 1921. [Ch. 176.

SESSION LAWS, 1921.

holding the conventions, and which call shall beissued not less than thirty (30) days before the hold-ing of the party election for selection of delegatesto county conventions, by giving due notice thereofthrough the press and by mailing a copy of saidcall to each state committeeman, and to the executiveofficers of each of the county organizations of thatparty, and to the county auditor of each county.The state committee, in its call, shall determineupon the total number of delegates to attend thestate convention, and shall fix the basis of represen-tation for, and the number of delegates from, eachcounty: Provided, however, That the basis of rep-resentation for each county shall be the same andthat each county shall be entitled to at least one (1)delegate. No proxies shall be allowed in any con-ventions provided for in this act, and it is furtherprovided that no convention held under the provi-sions of this act shall make endorsements of thecandidacy of any person for either U. S. Senatorial,Congressional, state or county office. In case thestate committee of any such party should fail orneglect prior to May first of any even numberedyear to issue a call for a state convention for suchparty, then a state convention of such party for thepurposes outlined in this act shall be held upon thepetition of one hundred electors, filed with the sec-retary of state, and which petition shall set forththe manner, method and conditions of holding suchstate convention: Provided, however, If such con-vention is called under such petition, the date of suchconvention shall be the first Thursday of June ofsuch year.

SEC. 13. It shall be the duty of the state con- Powies

ventions of each of the parties required to holdconventions as herein provided, to adopt a platformand to make a clear and concise statement of its

(689Ch. 176.]

principles and its general legislative program. In ad-dition thereto, the said state conventions shall havethe powers and perform the duties usually held andperformed by state conventions; and shall have thepower to nominate the presidential electors to whichthe said state shall be entitled, and the names ofwhich said electors shall be printed under the partydesignation on the ballots to be used in the succeed-ing general election.


Section 4809. Any political organization whichSeparate at the general election last preceding the primary,tickets.

was represented on the official ballot, either by regu-lar party candidates or by individual nominees only,may, upon complying with the provisions of this act,have a separate primary election ticket as a politicalparty, if any of its candidates or individual nomi-nees received 10% of the total vote cast at suchlast preceding general election in the state, or sub-divisions thereof, in which the candidate seeks thenomination: Provided, That such political partyshall have held on or before the 15th day of Junepreceding said primary, a state convention in saidstate, at which convention said party shall havedeclared its political principles and its legislativeprogram: And provided, further, That a copy ofsuch declaration of political principles and legis-lative program shall have been signed by the officersof such convention and filed with the secretary ofstate within ten (10) days after the adjournmentof such convention.


Section 4807. The name of no candidate shall beDeclaration printed upon an official ballot used at any primaryof candidacy, election unless at least thirty (30) and not more

690 SESSION LAWS, 1921. [Ch. 176.

SESSION LAWS, 1921.

than sixty (60) days prior to such primary, a decla-ration of candidacy shall have been filed by him,as proVided in this act, in the following form:

I,.............., being first duly sworn, declarethat I reside at No..........Street..............(city or town) of ........... County of .........State of Washington, and am a qualified voter there-in, and am duly registered with and am a memberof the................ party; that I hereby declaremyself a candidate for nomination to the office of.............. to be made at the primary election tobe held on the..........day of.............., andhereby request that my name be printed upon theofficial primary ballot as provided by law as a candi-date of the............party, with. which partyI have either affiliated for at least two years lastpast or since gaining the right of suffrage, and inthe principles of which I believe, and I accompanyherewith the sum of .............. dollars, the feerequired by law of me for becoming such candidate.I further declare that if nominated for said officeI will accept said nomination and not withdraw,unless so authorized by my party committee, and Iwill qualify as such officer if nominated and elected.I further declare that I hereby accept and endorsethe platform as heretofore adopted by the ..........party, at its last state convention. If elected, I here-by agree to support the same generally, and en-deavor to have enacted into law the principles there-in enunciated.

Subscribed and sworn to this..........day of...... 192...

Provided, That no person who desires to become acandidate for the office of supreme or superior courtjudge shall certify his party affiliations.

Ch. 176.] 691

SEC. 16. Any person knowingly violating any ofviolations, the pr.ovisions of this act, or making any false return

or certificate, or knowingly making false canvass ofthe votes, or doing any other act for the purpose ofpreventing fair election of delegates, or for the pur-pose of falsifying any of the returns provided forin this act, shall be guilty of a misdemeanor.


CHAPTER 177.[S. B. 194.]

REGISTRATION OF VOTERS AND PRIMARY ELECTIONS.

AN ACT relating to primary nominations, and to registration ofvoters and amending sections 4815, 4757, 4762, 4763, 4765,4767 and 4768 of Remington & Ballinger's Annotated Codesand Statutes of Washington.


SEdTION 1. That Section 4815 of Rem. & Bal.Code be amended to read as follows:

Section 4815. Every qualified person, properlyParty registered as a voter in his election precinct, shall beballots,method of entitled to participate in the primary election. Whenvoting.

he desires to vote at said primary each elector shallhave the right to receive the ballot only of the partywith which affiliated as shown on the registrationbooks; and he shall, if challenged, be required tomake oath or affirmation that he intends to affiliatewith said party at the ensuing election and intendsto support its candidates generally. Thereupon heshall retire to one of the booths and without unduedelay mark the ballot received by him and fold it sothat its face shall be concealed. He shall thereafter

692 SESSION LAWS, 1921. [Ch. 177.

deliver said ballot received by him to the election of-ficers. In the event said voter shall soil or deface theballot he desires to vote he shall at once return theballot received by him and get a new ballot and theelection officers shall destroy or render unfit for usethe ballot so returned. The elector shall designatehis choice on his ballot by making a cross in each ofthe small squares nearest the names of the candi-dates for whom he desires to vote and shall not votefor more candidates for an office than are to beelected thereto at the election to follow the primaryelection as indicated on the ballot at the right ofeach office for which candidates are to be elected.


Section 4757. There shall be in 1922 and bien- Registration

nially thereafter to continue for two years, in incor-porated cities and towns and quadrennially there-after to continue for four years outside such citiesand towns, except as hereinafter provided, in eachprecinct of the state, a new and complete registra-tion of the legal voters therein. Such registrationshall begin on the 2nd day of January of such year,and the registration books shall be open for the reg-istration of voters at all times except during thetwenty days immediately preceding any generalstate or county or general municipal election or anyprimary election of any nature or any special munic-ipal election, except as hereinafter provided.

SEc. 3. That Section 4762 of Rem. and Bal. Codebe amended to read as follows:

Section 4762. It shall be the duty of the comp- Books forregistration,

troller or clerk of any incorporated city or town to when open.

procure and open for the registration of voters, dup-licate poll books on the 2nd day of January, 1922, foreach precinct of such city or town; and on the 2ndday of January of each biennial year thereafter to

SESSION LAWS, 1921. 693Ch.. 177.]

procure and open like books of registration for eachof said precincts; and it shall be the duty of theboard of county commissioners of each county, onthe 2nd day of January, 1922, and quadrenniallythereafter, in like manner to procure and open a pollbook for the registration of voters in each precinctof such county outside of incorporated cities ortowns, and to designate a legal voter in each of saidprecincts, to be the registration officer in such pre-cinct whose duties shall be the same as those devolv-ing upon the city or town clerk of incorporated citiesor towns under the provisions of this act: Provided,That the board of county commissioners of any coun-ty may, for the convenience of voters, designate alegal voter of such county at some convenient placeto be the registration officer for one or more suchprecincts outside of incorporated cities and towns.


Section 4763. Such poll books shall at all times,Poll books, except as herein otherwise provided, be kept in thewhere kept. office of such city or town clerk or precinct registra-Registration tion officer of such city, town or precinct; and theofficer.

city or town clerk, and the person designated by theboard of county commissioners as herein provided,shall be the registration officer of such city, town orprecinct, and it shall be his duty to register all legalvoters of such city, town or precinct on such pollbooks, as hereinafter provided: Provided, That inall cities of the first class, the city council may, byordinance or resolution, direct that in all or certainof the precincts of such city, designated in such ordi-nance or resolution, the poll books of such precinctsshall be kept open in such precincts for the registra-tion of voters thereof, at and during such time asshall be designated in such ordinance or resolution.It shall be the duty of the city clerk, in cities of thefirst class, to designate by the notice required by

694 SESSION LAWS, 1921. [Ch. 177.

SESSION LAWS, 1921.

Section 4765 the time and place where the registra-tion poll books for each precinct so designated byordinance or resolution will be open in such precinctfor the registration of voters of such precincts; andthe city clerk shall provide for the precinct books incharge of an officer of registration to be kept at theplace and kept open for the registration of votersqualified to register, between the hours of 9 a. m.and 9:30 p. m. on the days designated in said pub-lished notice: Provided, further, That in precinctsoutside of incorporated cities or towns, the registra-tion officer of any such precincts, may, with thewritten consent of the county auditor, during thetime such poll books are kept open for the registra-tion of voters therein, for the convenience of thevoters, and at such time or times and by giving suchnotice of his intention so to do, as he may deem ex-pedient, designate some centrally located place inaddition to the usual place where such poll books arekept, where the said poll books will be kept open forthe registration of voters of such precincts.


Section 4765. It shall be the duty of the city or Notice for

town clerk of each incorporated city or town, be- registration.

ginning the first week in January, 1922, and bien-nially thereafter, and of the county auditor of eachcounty, beginning the first week in January, 1922,and quadrennially thereafter, to cause to be pub-lished in a newspaper of general circulation in suchcity, town or county, for two successive weeks, anotice that the legal voters of said city, town or coun-ty can register at the office of the said city -or townclerk, or at the residence of the registration officersof the precincts of said county outside of incorpo-rated cities and towns; and if in a city of the firstclass, in each precinct, at a place which has beendesignated by the city council, during the time desig-

Ch. 177.1 695

nated in such notice: Provided, That the notices tobe given by the county auditor shall refer only toprecincts outside of incorporated cities or town.s andshall in addition give the name of the registrationofficer of each precinct outside of such incorporatedcities or towns, together with his place of residence,as near as may be.


Section 4767. The registration books aforesaidRegistration shall be so arranged as to admit the alphabeti-books,arrange- cal classification of the names of the voters, andment.

ruled in parallel columns, with appropriate heads,as follows: Date of registration; voted; names;ages; occupation; place of residence; place of birth;time of residence in the state, county ward and pre-cinct; whether a taxpayer of the state of Washing-ton; political faith; if of foreign birth, name andplace of court and date of declaration of intention tobecome a citizen of the United States, or date ofnaturalization. Column head "Signature" for asignature of voter at time of registering and an-other and similar column immediately following,headed "identification" for the signature of thevoter in case he be challenged when he offers to vote,and a column for "remarks." If the voter register-ing is of foreign birth, he shall at the time of regis-tering be questioned by the registration officer, andshall produce satisfactory evidence to the registra-tion officer, that he was at the time of the adoption ofthe constitution of the state of Washington, a quali-fied elector of the state, or that he is a naturalizedcitizen of the United States (in which latter case heshall be required to produce satisfactory evidence tothe registration officer of his naturalization, unlessthe said officer shall know of his own knowledge thatsuch voter is in fact a naturalized citizen), or if awoman of foreign birth that she has married a citi-

696 SESSION LAWS, 1.921. [Ch. 177.

SESSION LAWS, 1921.

zen of the United States. Under the head of placeof residence shall be noted the number of lot andblock, or number and street where the applicant re-sides, or some other definite description sufficient tolocate and establish the residence with reasonablecertainty; and the voter so registered as provided inthis act shall sign his name in each of the duplicatepoll books to be procured and opened for the regis-tration of voters in the precincts of incorporatedcities and towns or in the poll book to be procuredand opened for the registration of voters in eachprecinct outside such incorporated cities or towns asprovided by this chapter on the registry oppositethe entry above required, in the column headed "sig-nature," unless he is a qualified elector at the timeof the taking effect of this act and shall not be cap-able of writing his name, or in case of physical in-firmity he be unable to write his name, in either ofwhich cases he shall on the left hand margin of saidcolumn make his mark or cross and such other markas is usual in indicating his signature, and someperson who personally knows said voter, and who ispersonally known to the registration officer, and whois capable of writing his name, shall sign in saidcolumn immediately opposite said mark, as an identi-fying witness thereto.

At the time of registering, each elector shall de- Declarationof political

clare the name of the political party with which he faith.

intends to affiliate at the ensuing primary election orelections, and the name of such political party shallbe stated in the column headed "Political Faith."If the elector declines to state his political party thefact of such declination shall likewise be stated andno person shall be entitled to vote the ticket of anypolitical party at any primary election, by virtue ofsuch registration, unless he has stated the name ofthe political party with which he intends to affiliate atthe time of such registration. In cases of transfer of

Ch. 177.]1 697

[Ch. 177.

registration the same entry shall be made in the col-umn headed "Political Faith" as was made in theoriginal registration: Provided, however, That anyperson registered outside any incorporated city ortown, may change his political affiliation, one time,by re-registering after any biennial general election.


Section 4768. No person shall be registered un-Registration, less he appears in person, before the city or townapplication

'davit. clerk, or officer of registration at the place where theregistration books are kept during office hours andapply to be registered, and give his name, age, occu-pation, number and place of residence, place of birth,time of residence in the state, and county, and ward,and precinct, and furnish satisfactory evidence tosaid registration officer that he is capable of readingand speaking the English language, so as to com-prehend the meaning of ordinary English prose, un-less he is incapacitated through physical infirmities,in which case he shall furnish satisfactory evidencethat he was before such infirmity capable of readingand speaking the English language, unless such per-son so offering was a qualified elector at the time ofthe taking effect of this act, in which case the pro-visions with reference to reading and speaking theEnglish language shall not apply; and shall furnishto said officer all the facts required by this act to bestated, and in addition thereto shall make and sub-scribe to the following oath or affirmation:

State of Washington,County of...:...............

I, ....................... do solmuly swear(or affirm) that I am a person over twenty (20) yearseleven (11) months and ten (10) days of age, thatI am a native born or naturalized citizen of theUnited States, or was a legal elector of the territory


SESSION LAWS, 1921.

of Washington at the time of the adoption of theconstitution of the state of Washington; that I havebeen an actual, permanent resident of the state ofWashington for eleven (11) months and ten (10)days last past, of the county of ................for seventy (70) days last past and of the..........precinct ten (10) days last past; that I have notlost any civil rights by being convicted of an in-famous crime; that I was either a qualified electoron the 1st day of July, 1901, or that I can read orspeak the English language; that I have not regis-tered during the present biennium (or quadrennium)in any other precinct except as herein set down bythe officer of registration; that my answer in thecolumn headed "Political Faith" is true and cor-rect; that I have read or heard read, the statementspreceding my name herein, as set down by the officerof registration, know the contents thereof and be-lieve the same to be true.

Subscribed and sworn to before me this .........day of................., 19.....

(Official character.)

The said affidavit shall be bound in book formand preserved with the other records of the city,town or precinct.

And every registration officer when required soto do by a writ of mandate of a court of competentjurisdiction, shall register the voter as directed bysaid writ.


Ch. 177.] 699

SESSION LAWS, 1921.

CHAPTER 178.[S. B. 195.]

ELECTIONS.

AN ACT relating to elections and amending sections 4798, 4799,4802, 4811, 4824, 4825, 4910-7, 4911 and 4913 of Remingtonand Ballinger's Annotated Codes and Statutes of Washington.



Section 4798. The Secretary of State and theCertificates clerks of boards of county commissioners of the sev-of nomlina-tiona- ral counties, and of the several municipal corpora-preservation. tions, shall cause to be preserved in their respective

offices for six months all certificates of nominationfiled in their respective offices under the provisions ofthis act. All such certificates shall be open to publicinspection under proper regulations, to be made by

Election the officers with whom the same are filed. The boardprecincts.

of county commissioners of each county in the stateshall, at their first session after the taking effect ofthis act divide their respective counties into electionprecincts, and establish the boundaries of the same.Such board of county commissioners shall designateone voting place for each precinct and each precinctshall contain two hundred and fifty electors or less,based on the number of votes cast at the last generalelection; but no precinct shall contain more thanthree hundred electors. If at any election hereafterthree hundred or more votes shall be cast at anyvoting place, it shall be the duty of the inspector insuch precinct to report the same to the board ofcounty commissioners, who shall, at a regular meet-ing, between general election day and December 31stof the same year, divide such precinct as nearly aspossible so that the new precincts formed thereof

700 [Ch. 178.

SESSION LAWS, 1921.

shall each contain two hundred and fifty electors, orless: Provided, That in cities of the first class, theduties herein conferred upon the county commis-sioners shall be performed by the city council orcommissioners of such city and reports of inspectorsherein provided for shall be made to such city coun-cil or commissioners. In establishing precincts itshall be the duty of the county commissioners andcity councils and commissioners to fix the bound-aries thereof so that each precinct shall be whollyin one senatorial or representative district, and onecounty commissioner's district.

SEc. 2. That section 4799 of Rem. & Bal. Code beamended to read as follows:

Section 4799. Certificates of nomination to be certificates

filed with the Secretary of State shall be filed not nomination,filing-

more than sixty days, and not less than thirty daysbefore the day fixed by law for the election of thepersons in nomination. Certificates of nominationherein directed to be filed with the clerk of the boardof county commissioners shall be filed not more thansixty days, and not less than twenty days before theelection. Certificates for the nomination of candi-dates for municipal offices shall be filed with theclerks of the respective municipal corporations notmore than thirty days and not less than ten daysprevious to the day of election: Provided, That theprovisions of this section shall not be held to applyto nominations for special elections to fill vacanciescaused by death, resignation or otherwise.


Section 4802. Whenever any person nominated oe nion

for public office, as in this chapter provided, shall tio.

at least twenty days before election, except in thecase of municipal elections, in a writing signed byhim, notify the officer with whom the certificate

Ch. 178.] 701

nominating him is by this chapter required to befiled, that he declines such nomination, such nomi-nation shall be void. In municipal elections suchdeclination must be made at least ten days beforethe election.


Section 4811. First-At least twenty days be-tdiates. fore any September primary the Secretary of State

shall transmit to each county auditor a certified listcontaining the name, postoffice address and partydesignation of each person to be voted for at suchprimary, and the office for which he is a candidate,as appears by the nomination papers filed in hisoffice.

Second-Each county auditor shall, at leastPublication. fifteen days before the September primary, publish

once, under the proper party designation and titleof each office, the names and addresses of all personsfor whom nomination papers have been filed in sofar as the same shall affect the electors of hiscounty, giving the date of the primary, the hoursduring which the polls will be open, and that theprimary will be held in the regular polling place foreach precinct, and shall cause to be posted copies ofsuch notice in at least three public places in eachprecinct in his county: Provided, That the names ofall candidates for the offices of supreme and su-perior court judge shall be published and posted ina separate list without party designation.


Section 4825. In making out the returns of theReturns. primary election in the several election precincts,

the same shall be done and all matter pertainingthereto conducted in accordance with the provisionsof the general election laws for the returns of generalelections.

702 SESSION LAWS, 1921. [Ch. 178.

SESSION LAWS, 1921.

SEC. 6. That section 4910-7 of Rem. and Bal.Code be amended to read as follows:

Section 4910-7. Within a proper and reasonable Votingmachine,

time before the first election at which voting ma- printedmatter and

chines are to be used, the Secretary of State shall supplies.

prepare samples of the printed matter and suppliesnamed in this section, and shall furnish one of eachthereof to the board or official in charge of the elec-tion of each county, city, township or district inwhich the machines are to be used; such samplesto meet the requirements of the election to beheld and to suit the construction of the machine tobe used. The board or officials charged with theduty of providing ballots shall provide for eachvoting machine for each election the followingprinted matter and supplies: Suitable printed orwritten directions to the custodian for testing andpreparing the voting machines for the election; onecertificate on which the custodian can certify that hehas properly tested and prepared the voting machinefor the election; one certificate on which some per-son other than the custodian can certify that the vot-ing machine has been examined and found to havebeen properly prepared for the election; one certifi-cate on which the party representatives can certifythat they have witnessed the testing and preparationof the machines; one certificate on which the de-liverer of the machines can certify that he has de-livered the machines to the polling places in goodorder; one card stating the penalty for tamperingwith or injuring a voting machine; two seals forsealing a voting machine; one envelope in which thekeys to the voting machine can be sealed and de-livered to the election officers, said envelope to haveprinted or written thereon the designation and loca-tion of the election district in which the machine isto be used, the number of the machine, the number

Ch. 178.] 703

SESSION LAWS, 1921.

shown on the protective counter thereof after themachine has been prepared for the election and thenumber or other designation on such seal as themachine is sealed with; said envelope to have at-tached to it a detachable receipt for the delivery ofthe keys of the voting machine to the inspector ofelection; one envelope in which the keys to the votingmachine can be returned by the inspector of election;one card stating the name and telephone address ofthe custodian on the day of election; one statementof canvass on which the election officers can reportthe canvass of the votes as shown on the voting ma-chine together with other necessary information re-lating to the election, said statements of canvass totake the place of all tally-keepers, statements andreturns as provided heretofore; three complete setsof ballot labels; two diagrams; five suitable printedinstructions to the inspector of election; threenotices to inspectors and judges of election to at-tend the instruction meetings; three certificates thatthe inspector and judges of an election have attendedthe instruction meeting, have received the necessaryinstruction, and are qualified to conduct the. electionwith the machine and they may supply a sufficientnumber of extra ballots for use in case it shall beimpossible to make use of the voting machine in anysuch precinct or precincts.

The ballot labels shall be printed in black ink onclear white-material of such size and arrangementsas to suit the construction of the machine: Provided,however, The ballot labels for questions may containa condensed statement of each question to be votedon, accompanied by the words "Yes" and "No";the titles of the offices on the ballot labels shall beprinted in type as large as the space for such officewill reasonably permit, and where more than onecandidate can be voted for an office, there shall beprinted below the office title the words "vote for any

704 [Ch. 178.

SESSION LAWS, 1921.

two," or such number as the voter is lawfully en-titled to vote for out of the whole number of candi-dates nominated.

If the election be one at which all the candidatesfor the office of presidential electors are to be votedfor with one device, the county commissioners shallfurnish for each machine at least five lists of thenames of the presidential electors nominated and atleast fifty paper ballots with which the voter canvote thereon for part of the candidates for the officeof the presidential electors of one party and part ofthe candidates therefor of one or more other partiesor for persons for that office not nominated by anyparty. For election districts in which voting ma-chines are to be used no paper ballots shall be furn-ished for any offices to be voted for on the machineexcept as hereinafter provided.


Section 4911. At all elections wh'ere national, Hours pollsare to be

state, county or municipal officers are elected, the open.

polls shall be opened at eight o'clock a. m. and closedat eight o'clock p. m.


Section 4913. It shall be the duty of the auditors Funisbpoll books.

of the several counties to furnish the inspectors ofeach election precinct at all general or primary elec-tions with one poll book at least five days before thetime of holding the election.


-23

Ch. 178.]705

SESSION LAWS, 1921.

CHAPTER 179.[S. B. 198.]

PORT DISTRICTS.

AN ACT relating to port districts and amending sections 8165-5of Remington & Ballinger's Annotated Codes and Statutesof Washington as amended by chapter 125 of the SessionLaws of 1917, and sections 8165-12 and 8165-13 of Remingtonand Ballinger's Annotated Codes and Statutes of Washing-ton.


SECTION 1. That section 8165-5 of Rem. & Bal.Code, as amended by section 2 chapter 125 of theSession Laws of 1917, be further amended to readas follows:

Section 8165-5. Port Commissioners-Organiza-tion-Contracts.

All port commissioners shall serve without com-Commis- pensation save and except in port districts havingSlOners,organization, a population of two hundred thousand (200,000) orcontracts.

more inhabitants, and in such port districts eachcommissioner shall receive a compensation of threethousand dollars ($3,000.00) per annum, said com-pensation to be paid monthly out of the funds ofthe port district, in the same manner as are thesalaries of the employees of the port district, thepopulation of a port district to be fixed and deter-mined by the last official census of the United Statesfor the purposes of this section. The foregoing pro-vision relating, to compensation of port commis-sioners is subject to the following proviso: Thequestion of whether port commissioners in port dis-tricts having a population of two hundred thousand(200,000) or more inhabitants shall receive compen-sation as herein provided shall be submitted at thefirst general election after the organization of any

[Ch. 179.706

SESSION LAWS, 1921.

port district having said population of two hundredthousand (200,000) or more inhabitants, or in thecase of any port district already established and hav-ing said population then at a special election of thesaid port district at the time of the next generalcounty election in the county in which said port dis-trict is located, held after the taking effect of thisact. There shall be printed on the ballot at suchelection the words "In favor of compensation forport commissioners in the sum of three thousanddollars ($3,000) each per annum," and the words"Against compensation for port commissioners inthe sum of three thousand dollars (%3,000.00) perannum." If at such election the majority of thevoters voting on said proposition shall vote in favorof such compensation, the port commissioners ofsuch port district shall receive compensation in thesum of three thousand dollars ($3,000.00) per annumas provided herein and in any case where a portdistrict with a population of two hundred thousand(200,000) or more inhabitants is in existence at thetime this act becomes effective and such port dis-trict votes for a compensation as hereinbefore pro-vided, the port commissioners of such district electedand serving shall begin to receive compensation withthe calendar month succeeding the month in whichthe vote is taken. But if such proposition shall failto receive the approval of the majority of those vot-ing therein, compensation shall not be paid unlessthe same be favorably voted upon in the mannerprovided herein at some succeeding election: Pro-vided, however, That the question of compensationof port commissioners may not be submitted at morefrequent intervals than periods of four years. Theport commission shall organize by the election ofits own members of a president and secretary, shallby resolution adopt rules governing the transactionof its business and shall adopt an official seal. All

Ch. 179.] 707

SESSION LAWS, 1921.

proceedings of the port commission shall be by mo-tion or resolution recorded in a book or books keptfor such purpose, which shall be public records. Thecounty treasurer of the county in which such portdistrict is situated shall be the treasurer of the portdistrict, and all funds of the port district shall bepaid to him as such port treasurer and shall only bedisbursed by him on warrants drawn and signed bya port auditor to be appointed by the port commis-sion, upon order of or vouchers approved by the portcommission. The port commission shall haveauthority to create and fill such positions and fixsalaries and* bonds thereof as it may by resolutionprovide. All materials required by the port districtmay be purchased in the open market or by contract,and all work ordered may be let by contract or doneby day labor as the port commission may determine.Before awarding any contract the port commissionshall cause to be published in some newspaper withinthe district a notice for at least ten days before theletting of such contract, inviting sealed proposalsfor such work, plans and specifications for whichmust at the time of publications of such notice beon file in the office of the port commission subjectto public inspection: Provided, however, That theport commission may at the same time and as partof the same notice, invite tenders for such work ormaterial upon plans and specifications to be sub-mitted by the bidder. Such notice shall state gener-ally the work to be done and shall call for proposalsfor doing the same to be sealed and filed with thecommission on or before the day and hour named.Each bid shall be accompanied by a certified checkpayable to the order of the port commission for asum not less than five per cent of the amount of thebid, and no bid shall be considered unless accom-panied by such check. At the time and place namedsuch bids shall be publicly opened and read and the

708 [Ch. 179.

commission shall proceed to canvass the bids andmay let such contract to the lowest responsible bid-der upon plans and specifications on file, or to thebest bidder submitting his own plans and specifica-tions. If, in the opinion of the commission, all bidsare unsatisfactory, they may reject all of them andreadvertise, and in such case all checks shall be re-turned to the bidders; but if such contract be let,then in such case all checks shall be returned to thebidders, except that of the successful bidder, whichshall be retained until a contract shall be enteredinto for the purchase of such materials or doingsuch work, and. a bond given to the port district forthe performance of the contract and otherwise con-ditioned as required by law, with sureties satisfac-tory to the commissioners, in an amount to be fixedby the commission, but not in any event less thantwenty-five (25) per cent of the contract price. Ifsaid bidder fails to enter into said contract in ac-cordance with said bid and furnish such bond withinten days from the date at which he is notified thathe is the successful bidder, the said check and theamount thereof shall be forfeited to the port dis-trict.

SEC. 2. That section 8165-12 of Rem. & Bal. Codebe amended so as to read as follows:

Section 8165-12 Funds in Anticipation of Reve- Indebtednessin anticipa-

nues. Any port commission is hereby authorized, tionof

prior to the receipt of taxes raised by levy, to bor-row money or issue the warrants of the district inanticipation of the revenues to be derived by suchdistrict and such warrants shall be redeemed fromthe first money available from such taxes when col-lected.


Section 8165-13 County Treasurer-Funds. The Funds.

county treasurer acting as port treasurer shall cre-


ate a fund to be known as the "Port of..........Fund," into which shall be paid all money receivedby him from the collection of taxes in behalf of suchport district, and shall also maintain such otherspecial funds as may be created by the port commis-sion into which shall be placed such moneys as theport commission may by its resolution direct. Allsuch port funds shall be deposited with the countydepositories under the same restrictions, contractsand security as is provided by statute for county de-positories and all interest collected on such portfunds shall belong to such port district and shall bedeposited to its credit in the proper port funds.


CHAPTER 180.[S. B. 201.]

FISHERIES.

AN ACT relating to fisheries, providing for the preservation, pro-tection and perpetuation of food fishes, amending sections43, 48, 58, 65, 73, 82, 88, and 96 and repealing section 98 ofchapter 31 of the Laws of 1915, and declaring that this actshall take effect March 31, 1921.



Section 43. No license for taking or catchingLicenses, salmon or other food or shell fish required by thiswho notentitled to. act shall be issued to any person who is not a citizen

of the United States of the age of eighteen years orover, unless such person has declared his intentionto become a citizen, and is and has been an actual

710 SESSION LAWS, 1921. [Ch. 180.

SESSION LAWS, 1921.

resident of the state for one year immediately pre-ceding the application for such license. Nor shallany license be issued to a corporation unless it isauthorized to do business in this state. Nothingherein contained shall be construed to prevent theissuance of licenses to Indians, providing such ap-plicant possess the qualifications of residence herein-before required, nor prevent the renewal of licensesfor fixed appliances by persons now holding thesame; and on and after January 1, 1922, no licensefor the taking or catching of salmon or other foodor shell fish, reqiiired by this act, shall be issued toany person who is not a citizen of the United States,or to any Indian not born in the United States, orto any corporation unless the holders of a majorityof its stock are citizens of the United States: Pro-vided, That corporations authorized to do businessin this state and holding fishing licenses on January1, 1922, shall be entitled to licenses and to the re-newal thereof from time to time and shall be unaf-fected by the provisions of this section.


Section 48. All license fees, catch taxes and other "Fisheries

taxes, filies and moneys realized from the sale ofproperty seized or confiscated under the provisionsof this act, and all bail monies forfeited underprosecutions instituted under the provisions of thisact, and all monies realized from the sale of any ofthe property of the state of Washington, under thecontrol of the department of fisheries and game, andall monies collected for damages and injuries to anysuch property, shall be paid into the state treasuryand placed in the fund known as the "fisheriesfund," which shall not be used for any purposeother than for the propagation, protection and per-petuation of food and shell fishes, and the adminis-tration and enforcement of the laws relating thereto.

Ch. 180.] 711

All unexpended balance thereof shall continue insuch fund, unless otherwise disposed of by the legis-lature. The director of fisheries and game is di-rected to expend such funds, as nearly as may be,in the localities from which they are collected. Allfines collected shall be remitted monthly by thejustice of the peace or by the clerk of the court col-lecting the same to the county treasurer of thecounty in which the same shall be collected, and thecounty treasurer shall at least once a month remitthe same to the state treasurer and shall at the sametime furnish a statement to the director of fisheriesand game showing the amount of fines so remittedand from whom collected.


Section 58. It shall be unlawful for any personRight to take to fish or take for sale or profit any salmon or otherfish for salelimited to food or shell fish in any of the rivers or waters ofcitizens.

this state or over which it has concurrent jurisdic-tion in civil and criminal cases, unless such personbe a citizen of the United States or has declaredhis intention to become such and is and has been fortwelve months immediately prior to the time he en-gages in such business an actual resident of thisstate or an adjoining state; but this section shall notapply to Indians.

SEC. 4. That section 65,of chapter 31 of the Lawsof 1915 be amended to read as follows:

Section 65. It shall be unlawful for any person,Cse firm or corporation to purchase, handle, deal in or

violatnions. have in his possession any food fish of any varietywhich were taken from the waters of -this state dur-ing any of the closed seasons prescribed in this act,or which may hereafter be prescribed by the statefisheries board, and any person who purchases,handles, deals in or has in his possession any such


SESSION LAWS, 1921.

fish during such periods, shall be guilty of a misde-meanor. And it shall be unlawful for any person,firm or corporation to purchase, handle, deal in, orhave in his possession, any salmon fish of any varietywhich were taken beyond the three-mile limit duringany of the closed seasons prescribed in this act orwhich may hereafter be prescribed by the statefisheries board. Any of the salmon, which werelawfully taken in any of the districts of this state,as by this act defined, may be shipped into any otherdistrict of this state, even though the taking of sal-moi in the district into which the shipment is made,may be prohibited at the time said shipment is made.


Section 73. It shall be unlawful for any person raina ion.whomsoever, save the director of fisheries and gameand those authorized by him, to take salmon orother fish for propagation purposes within thewaters of this state. The director of fisheries andgame or those authorized by him may take salmonor other fish at any time and in any manner forpropagation or scientific investigation purposes. Hepaay grant authority to take salmon for public propa-gation purposes under such regulations as he mayprescribe to safeguard the interests of the fishery ofthis state.


. Section 82. It shall be unlawful to cast or pass, Pollution of

to suffer or permit to be cast or passed into anywaters of this state, either fresh or salt, any sawdust,planer shavings, wood pulp or other waste, lime, gas,coculus indicus, chemical substances or any refuseor waste material substance or matter at any timewhatsoever deleterious to fish or shell fish: Provided,however, That the director of fisheries and game

713Ch. 180.]

shall have the power to grant permits for the sawing. of logs in such waters as in his judgment can be used

for that purpose without injury to food or game fish.


Section 88. Any person, firm or corporation en-Private gaged in the business of taking fish spawn and thehatcheries.

artificial hatching thereof, or in the raising of fryand fish therefrom, in any of the waters or streamsof this state, shall be deemed to be conducting aprivate fish hatchery under the terms of this act. Thedirector of fisheries and game is hereby authorizedeach year to sell to any person, firm or corporationengaged in the business of conducting a private fishhatchery, salmon or trout spawn to an amount notto exceed ten per cent (10%) of the eggs taken fromany species at a price not to exceed two dollars($2.00) per thousand.

SEc. 8. That section 96 of chapter 31 of theLaws of 1915 be amended to read as follows:

Section 96. The director of fisheries and gameDestruction shall have the power and it shall be his duty to causeof seals andsea lions, his employees to kill and destroy seals and sea lions

in the waters of the state of Washington, and he shallhave the authority to expend such moneys as mayfrom time to time be appropriated by the Legislaturefor such purposes and he shall keep as near as pos-sible an accurate record of the number of seals andsea lions that are so destroyed. Any person killingor causing to be killed in the waters of the state, any

.common seal or sea lion shall be entitled to receive abounty of three dollars ($3.00) from any monieswhich may be appropriated by the Legislature forthe payment of the same. All monies appropriatedfor such purposes by the Legislature of the stateshall be expended under the direction of and uponvouchers approved by the director of fisheries and


SESSION LAWS, 1921.

game, who shall adopt rules and regulations provid-ing for the proof of such killing and the surrenderand destruction of the scalp of such seal or sea lion.

SEC. 9. That section 98 of chapter 31 of the Repealingclause.

Laws of 1915 be and the same is hereby repealed.SEc. 10. The food fishes in the waters of the Impairment

of supply.state of Washington shall be preserved, protectedand perpetuated, and to that end such food fishesshall not be possessed, sold or disposed of at suchtimes as will impair the supply thereof.

SEc. 11. The state fisheries board shall have the Rules andregulations

power from time to time to make, adopt, amend and authorized.

promulgate, in the manner provided by law, rulesand regulations governing the possession, disposaland sale of food fishes within the state of Washing-ton, whether taken within or without the state ofWashington, fixing the times when the possession,disposal or sale of the several classes of,-or all, foodfishes is prohibited.

SEC. 12. The state fisheries board shall have the Contractsby fisheries

power to enter into contracts and atgreements with board.

the United States, or any state or territory thereof,and with any foreign government, for the purpose ofsecuring fish or fish eggs, and for the erection andmaintenance of eyeing stations, fish hatcheries, rear-ing ponds and other appliances for the propagationof fish within or without the territorial limits of thestate of Washington; and the director of fisheriesand game shall have the power, and it shall be hisduty, to execute and carry out any such contracts oragreements made by the state fisheries board.


the state government and its existing public institu-tions, and shall take effect March 31, 1921.

Passed the Senate March 3, 1921.Passed the House March 7, 1921. -Approved by the Governor March 21, 1921.

Ch. 180.] 715

SESSION LAWS, 1921.

CHAPTER 181.[S. B. 222.]

PREVENTION OF CORRUPT BASEBALL PLAYING.

AN ACT relating to the playing of baseball, to prevent corrupting.the game and certain participants therein, and providingpenalties for the violation of the provisions of this act.


SECTION 1. Any person who shall bribe or offerOffering to bribe, any baseball player with intent to influencea biribe. his play, action or conduct in any baseball game, or

any person who. shall bribe or offer to bribe anyumpire of a baseball game, with intent to influencehim to make a wrong decision or to bias his opinionor judgment in relation to any baseball game or anyplay occurring therein, or any person who shall bribeor offer to bribe any manager, or other official of abaseball club, league or association, by whatsoevername called, conducting said game of baseball tothrow or lose a game of baseball, shall be guilty of agross misdemeanor.

SEC. 2. Any baseball player who shall accept orAccepting agree to accept, a bribe offered for the purpose ofa bribe,.cet fee o h

wrongfully influencing his play, action or conduct inany baseball game, or any umpire of a baseball gamewho shall accept or agree to accept a bribe offeredfor the purpose of influencing him to make a wrongdecision, or biasing his opinions, rulings or judg-ment with regard to any play, or any manager of abaseball club, or club or league official, who shallaccept, or agree to accept, any bribe offered for thepurpose of inducing him to lose or cause to be lostany baseball game, as set forth in the preceding sec-tion of this act, shall be guilty of a gross misde-meanor.

716 [Ch. 181.

SESSION LAWS, 1921.

SEc. 3. To complete the offenses mentioned in Completion

the two preceding sections of this act, it shall not be defined.

necessary that the baseball player, manager, umpireor official, shall, at the time, have been actually em-ployed, selected or appointed to perform their re-spective duties; it shall be sufficient if the bribe beoffered, accepted or agreed to with the view ofprobable employment, selection or appointment ofthe person to whom the bribe is offered, or by whomit is accepted. Neither shall it be necessary that suchbaseball player, umpire or manager actually play orparticipate in a game or games concerning whichsaid bribe is offered or accepted; it shall be sufficientif the bribe be given, offered or accepted in view ofhis or their possibly participating therein.

SEc. 4. By a "bribe" as used in this act, is "ibe"meant any gift, emolument, money or thing of value,testimonial, privilege, appointment or personal ad-vantage, or the promise of either, bestowed orpromised for the purpose of influencing, directly orindirectly, any baseball player, manager, umpire,club or league official, to see which game an admissionfee may be charged, or in which game of baseball anyplayer, manager or umpire is paid any compensationfor his services. Said bribe as defined in this actneed not be direct; it may be such as is hidden underthe semblance of a sale, bet, wager, payment of adebt, or in any other manner designed to cover thetrue intention of the parties.

SEC. 5. Any baseball player, manager or club or Acts ofomission or

league official who shall commit any wilful act of commissionby players,

omission or commission in playing, or directing the etc.

playing, of a baseball game, with intent to cause theball club, with which he is affiliated, to lose a baseballgame; or any umpire officiating in a baseball game,or any club or league 9fficial who shall commit anywilful act connected with his official duties for the

Ch. 181.]1 717

purpose and with the intent to cause a baseball clubto win or lose a baseball game, which it would nototherwise have won or lost under the rules governingthe playing of said game, shall be guilty of a grossmisdemeanor.

SEC. 6. In all prosecutions under this act thevenueof venue may be laid in any county where the bribeof action. veumabeliinaycutwhrtebie

herein referred to was given, offered or accepted, orin which the baseball game was played in relation towhich the bribe was offered, given or accepted, or theacts referred to in section 5 committed.

SEC 7. Nothing in this act shall be construed tootnus or prohibit the giving or offering of any bonus or extra

compensa- compensation to any manager or baseball player byany person to encourage such manager or player toa higher degree -of skill, ability or diligence in theperformance of his duties.

SEC. 8. This act shall apply only to baseballScope of act. league and club officials, umpires, managers and

players who act in such capacity in games where thepublic is generally invited to attend and a generaladmission fee is charged.


718 SESSION LAWS, 1921. [Ch. 181.

SESSION LAWS, 1921.

CHAPTER 182.[S. H. B. 178.]

RELATING TO COMPENSATION AND MEDICAL AID OFINJURED WORKMEN.

AN ACT relating to the compensation and medical and surgicalcare of workmen injured in extra hazardous employment,and amending sections 6604-2- 6604-3, 6604-8, 6604-10, 6604-12,6604-17, 6604-24, 6604-33, 6604-35, 6604-45, 6604-107, 6604-108,and 6604-109 of and adding sections 6604-4A, 6604-4B, and6604-95A to and repealing sections 6604-96, 6604-98, 6604-99and 6604-100 of Remington & Ballinger's Annotated Codesand Statutes of Washington.


SECTIOx 1. That section 6604-2 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington be amended to read as follows:

Section 6604-2. There is a hazard in all employ- Extrahazardous

ment, but certain employments have come to be, and employ-

to be recognized as being, inherently constantly dan-gerous. This act is intended to apply to all such in-herently hazardous works and occupations, and it isthe purpose to embrace all of them, which are withinthe legislative jurisdiction of the state, in the follow-ing enumeration, and they are intended to be em-braced within the term "extra-hazardous" whereverused in this act, to-wit: factories, mills and work-shops where machinery is used; printing, electrotyp-ing, photo-engraving and stereotyping plants wheremachinery is used; foundries, blast furnaces, mines,wells, gas works, water works, reduction works,breweries, elevators, wharves, docks, dredges, smelt-ers, powder works; laundries operated by power,quarries, engineering works, logging, lumbering, andshipbuilding operations; logging, street and interur-ban railroads; buildings being constructed, repaired,moved or demolished; telegraph, telephone, electric

Ch. 182.] 719

light or power plants or lines, steam heating or powerplants, steamboats, tugs, ferries and railroads; gen-eral warehouse and storage; transfer, drayage andhauling; warehousing and transfer; fruit warehouseand packing houses. If there be or arise anyextra-hazardous occupation or work other than thosehereinabove enumerated, it shall come under this act,and its rate of contribution to the accident fund here-inafter established, shall be, until fixed by legislation,determined by the department hereinafter created,upon the basis of the relation which the risk involvedbears to the risks classified in section 4.

The director of labor and industries through andby means of the division of industrial insurance shallhave power, after hearing had upon its own motion,or upon the application of any party interested, todeclare any occupation or work to be extra hazardousand to be under this act. The director of labor andindustries shall fix the time and place of such hear-ing, and shall cause notice thereof to be publishedonce at least ten days before the hearing in at leastone daily newspaper of general circulation, pub-lished and circulated in each city of the first class inthis state. No defect or inaccuracy in such notice orin the publication thereof shall invalidate any orderissued by the director of labor and industries afterhearing had. Any person affected shall have theright to appear and be heard at any such hearing.Any order, finding or decision of the director of laborand industries made and entered under the foregoingprovisions of this act shall be subject to review bythe courts within the time and in the manner specifiedin section 6604-20 and not otherwise.

SEc. 2. That section 6604-3 of Remington & Bal-linger's Annotated Codes and Statutes of Washing-ton be amended to read as follows:

Definitions. Section 6604-3. In the sense of this act wordsemployed mean as here stated, to-wit: Factories


SESSION LAWS, 1921.

mean undertaking in which the business of workingat commodities is carried on with power-drivenmachinery, either in manufacture, repair or change,and shall include the premises, yard and plant of theconcern. Workshop means any plant, yard, premises,room or place wherein power-driven machinery isemployed and manual labor is exercised by way oftrade for gain or otherwise in or incidental to theprocess of making, altering, repairing, printing, orornamenting, finishing or adapting for sale or other-wise any article or part of article, Mnachine or thing,over which premises, room or place the employer ofthe person working therein has the right of access orcontrol. Mill means any plant, premises, room orplace wherein machinery is used, any process ofmachinery, changing, altering or repairing anyarticle or commodity for sale or otherwise, togetherwith the yards and premises which are a part of theplant, including elevators, warehouses and bunkers.Mine means any mine where coal, clay, ore, mineral,gypsum or rock is dug or mined underground.Quarry means an open cut from which coal is mined,or clay, ore, mineral, gypsum, sand, gravel or rock iscut or taken for manufacturing, building or construc-tion purposes. Engineering work means any work ofconstruction, improvement or alteration or repair ofbuildings, structures, streets, highways, sewers,street railways, railroads, logging roads, interurbanrailroads, harbors, docks, canals, electric, steam orwater power plants, telegraph and telephone plantsand lines, electric light or power lines, and includesany other works for the construction, alteration orrepair of which machinery driven by mechanicalpower is used, except when otherwise expresslystated, employer means any person, body of persons,corporate or otherwise, and the legal personal repre-sentatives of a deceased employer, all while engaged

Ch. 182.] 721

in this state in any extra-hazardous work or who con-tracts with another to engage in extra-hazardouswork. Workman means every person in this state,who is engaged in the employment of an employercoming under this act whether by way of manuallabor or otherwise, and whether upon the premisesor at the plant or, he being in the course of his em-ployment, away from the plant of his employer: Pro-vided, however, That if the injury to a workman oc-curring away from the plant of his employer is dueto the negligence or wrong of another not in the sameemploy, the injured workman, or if death result fromthe injury, his widow, children or dependents, as thecase may be, shall elect whether to take under this actor seek a remedy against such other, such election tobe in advance of any suit under this section; and ifhe take under this act, the cause of action againstsuch other shall be assigned to the state for the bene-fit of the accident fund; if the other choice is made,the accident fund shall contribute only the deficiency,if any, between the amount of recovery against suchthird person actually collected, and the compensationprovided or estimated by this act for such case. Anysuch cause of action assigned to the state may beprosecuted, or compromised by the department, inits discretion. Any compromise by the workman ofany such suit, which would leave a deficiency to bemade good out of the accident fund, may be madeonly with the written approval of the department.

Any individual employer or any member or officerof any corporate employer who shall be carried uponthe payroll at a salary or wage not less than theaverage salary or wage named in such payroll andwho shall be injured, shall be entitled to the benefitof this act as and under the same circumstances asand subject to the same obligations as a workman:.Provided, That no such employer or the beneficiaries


SESSION LAWS, 1921.

or dependents of such employer shall be entitled tobenefits under this act unless the director of laborand industries prior to the date of the injury hasreceived notice in writing of the fact that such em-ployer is being carried upon the payroll prior to thedate of the injury as the result of which claims forcompensation are made. Dependent means any ofthe following named relatives of a workman whosedeath results from any injury and who leaves surviv-ing no widow, widower, or child under the age ofsixteen years, viz: invalid child over the age ofeighteen years, daughter between sixteen and eight-een years of age, father, mother, grandfather, grand-mother, stepfather, stepmother, grandson, grand-daughter, brother, sister, half-sister, half-brothers,niece, nephew, who at the time of the accident aredependent in whole or in part for their support uponthe earnings of the workman. Except where other-wise provided by treaty, aliens other than father ormother, not residing within the United States at thetime of the accident, are not included. -Beneficiarymeans a husband, wife, child or dependent of a work-man in whom shall vest a right to receive paymentunder this act. Invalid means one who is physicallyor mentally incapacitated from earning. The word"child" as used in this act, includes a posthumouschild, a step-child, a child legally adopted prior tothe injury, and an illegitimate child legitimated priorto the injury. The words "injury" or "injured" asused in this act refer only to an injury resulting fromsome fortuitous event as distinguished from the con-traction of disease. The term '"educational stand-ard" shall mean such standards as the supervisor ofsafety shall make for the purpose of educating andtraining both employer and workman in the appre-ciation and avoidance of danger, and in the main-tenance and proper use of safe place and safety de-vice standards.

723Ch. 182.]

SEC. 3. That there be added to Remington &Ballinger's Annotated Codes and Statutes of Wash-ington a new section to be known as section 6604-4Aas follows:

Section 6604-4A. Every employer who afterTemporary June 30th, 1921, shall for the first time since Juneemployer.

30th, 1918, engage in any extra-hazardous work shallbe known as a temporary employer, and shall remainso for the period of one year following the com-mencement of such work. Each temporary employershall contribute to the accident fund on the basis ofthe class rate for the class or class subdivision towhich he shall belong increased 33 1/3 per cent. Atthe end of the first year of his operations he shallcease to be a temporary employer if he has paid hisaforesaid contribution into the accident fund. Ineach case where the accident cost to the fund for thefirst year's operations of any temporary employer,who shall so cease to be a temporary employer, shallnot exceed his contribution, the said 33 1/3 per centincrease shall be refunded or credited to him out ofthe accident fund.

SEC. 4. That there be added to Remington &Ballinger's Annotated Codes and Statutes of Wash-ington a new section to be known as section 6604-4B,as follows:

Section 6604-4B. It shall be the duty of theCounty county assessor in each of the counties of the stateassessor tomake annual each year to make a list upon blanks to be furnishedlist ofemployers. by the industrial insurance department of all em-

ployers within his county who are engaged in extra-hazardous industries as defined by this act, and toforward such list of extra-hazardous employmentsand industries to the industrial insurance depart-ment on or before the first day of May of each andevery year.


SEc. 5. That section 6604-8 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington be amended to read as follows:

Section 6604-8. If any employer shall default inany payment to the accident fund or the medical aidfund, the sum due shall be collected by action at lawin the name of the state as plaintiff, and such rightof action shall be in addition to any other right ofaction or remedy. If such default be after demand,rhere shall also be collected a penalty equal to

twenty-five per centum of the amount of the defaultedpayment or payments, and the commission may re-quire from the defaulting employer a bond to thestate for the benefit of the accident and medical aidfunds, with surety to their satisfaction, in the penaltyof double the amount of the estimated paymentswhich will be required from such employer into thesaid funds for and during the ensuing one year,together with any penalty or penalties incurred. In VetoedL. .Hcase of refusal or failure after written demand per-sonally served to furnish such bond, the state in anaction brought by the attorney general in its nameshall be entitled to an injunction restraining suchdelinquent from prosecuting an extra-hazardous oc-cupation or work until such bond shall be furnished,and until all delinquent premiums, penalties, interestand costs are paid, conditioned for the prompt andpunctual making of all payments into said fundsduring said periods, and any sale, transfer or leaseattempted to be made by such delinquent during theperiod of any of the defaults herein mentioned, of hisworks, plant or lease thereto shall be invalid until allpart delinquencies are made good, and such bondfurnished. All actions for the recovery of such pay-ments shall be brought in the superior court. In allcases of insolvency, receivership, assignment for thebenefit of creditors, and bankruptcy, the claim of the

SESSION LAWS, 1,921. 725Ch. 182.]

SESSION LAWS, 1921.

state for premiums, penalties, interest and costs,arising under this act shall be prior to all otherclaims except taxes, costs and expenditures orderedby the court, and laborer's liens, and it shall be theduty of the receiver, assignee for the benefit ofcreditors and administrator or executor to notify theindustrial insurance department of such receiver-ship, assignment or probate proceedings withinthirty days from the date of their appointment and

VetoedL. F. H. qualification and to abtain proof of service of such

notification. In any action or proceeding brought forthe recovery of payments due upon the payroll of anemployer, the certificate of the industrial insurancedepartment that an audit has been made of the pay-roll of such employer pursuant to the direction of thedepartment and of the amount of such payroll for theperiod stated in the certificate shall be prima facieevidence of such fact.

SEC. 6. That section 6604-10 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington be amended to read as follows:

Section 6604-10. No money paid or payableExemption under this act out of the accident fund shall, prior toof awards.

issuance and delivery of the warrant therefor, becapable of being assigned, charged nor ever be takenin execution or attached or garnisheed, nor shall thesame pass to any other person by operation of law.Any such assignments or charge will be void: Pro-

vided, That if any workman shall suffer a permanentpartial injury, and shall die from some other causethan the accident whick produced such injury beforehe shall have received payment of his award for suchpermanent partial injury, or if any workman shallsuffer any other injury and shall die from some othercause than the accident which produced such injurybefore he shall have received payment of anymonthly installment covering any period of time

[Ch. 182.

prior to his death, the amount of such permanentpartial award, or of such monthly payment or both,shall be paid to his widow, if he leave a widow, or tohis child or children if he leave a child or childrenand shall not leave a widow: Provided, If the in-jured workman shall have resided in the United compensa-

tion to alienStates as long as three years such payment will not beneficiary.

be made to any widow or child who is -at the time anon-resident of the United States. Except as other-wise provided by treaty, whenever under the pro-visions of this act, compensation is payable to abeneficiary or dependent who is an alien not residingin the United States, the commission shall pay fiftyper centum of the compensation herein otherwiseprovided to such beneficiary or dependent. But if anon-resident alien, beneficiary or dependent is acitizen of a government having a compensation lawwhich excludes citizens of the United States eitherresident or non-resident, from partaking of the bene-fit of such law in as favorable a degree as herein ex-tended to non-resident aliens, he shall receive nocompensation. Proof of dependency by any bene-ficiary or dependent residing without the UnitedStates shall be made before the nearest (UnitedStates) consul or consular agent under the seal ofsuch consul or consular agent and the departmentmay cause any warrant or warrants to which suchbeneficiary or dependent is entitled to be transmittedto the beneficiary or dependent through the nearest(United States) consul or consular agent.

SEC. 7. That section 6604-12 of Remington &Ballinger's Codes and Statutes of Washington beamended to read as follows:

Section 6604-12. (a) Where a workman is en- Application

titled to compensation under this act he shall file pensation.

with the department his application for such,together with the certificate of the physician who

Ch. 182.]1 SESSION LAWS, 1921. 727

SESSION LAWS, 1921.

attended him, and it shall be the duty of the physicianto inform the injured workman of his rights underthis act and to lend all necessary assistance in mak-ing this application for compensation and such proofof other matters as required by the rules of the de-partment without charge to the workman.

(b) Where death results from injury the partiesentitled to compensation under this act, or some onein their behalf, shall make application for the sameto the department, which application must be ac-companied with proof of death and proof of relation-ship showing the parties to be entitled to compensa-tion under this act, certificates of attending physi-cian, if any, and such other proof as required by therules of the department.

(c) If change of circumstances warrant an in-crease or re-arrangement of compensation, like appli-cation shall be made therefor. No increase or re-arrangement shall be operative for any period priorto application therefor.

(d) No application shall be valid or claim there-under enforceable unless filed within one year afterthe day upon which the injury occurred or the rightthereto accrued.

(e) Any physician who fails, neglects or refusesto file a report with the industrial insurance depart-ment as required by this act within ten days of thedate of treatment, showing the condition of the in-jured workman at the time of treatment, a descrip-tion of the treatment given, and an estimate of theprobable duration of the injury, or who fails or re-fuses to render all necessary assistance to the injuredworkman as required in this act, shall be guilty of amisdemeanor.


. 728 [Ch. 182.

SESSION LAWS, 1921.

Section 6604-17. Whenever the state, county, auicind

any municipal corporation or other taxing district work.

shall engage in any extra-hazardous work, or let acontract therefor, in which workmen are employedfor wages, this act shall be applicable thereto. Theemployer's payments into the accident fund shall bemade from the treasury of the state, county, muni-cipality or other taxing district. If said work is beingdone by contract, the payroll of the contractor andthe sub-contractor shall be the basis of computationand in the case of contract work consuming less thanone year in performance the required payment intothe accident fund shall be based upon the total pay-roll. The contractor and any sub-contractor shall besubject to the provisions of the act, and the state forits general fund, the county, municipal corporationor other taxing district shall be entitled to collectfrom the contractor the full amount payable to theaccident fund, and the contractor, in turn, shall beentitled to collect from the sub-contractor his pro-portionate amount of the payment. Whenever andso long as, by state law, city charter or municipalordinance, provision is made for municipal em-ployees injured in the course of employment, suchemployees shall not be entitled to the benefits of thisact and shall not be included in the payroll of themunicipality under this act. The provisions of thisact shall apply to all extra-hazardous work done bycontract; the employer who lets a contract for suchextra-hazardous work shall be responsible primarilyand directly to the accident fund for the proper per-centage of the total payroll of the work. The con-tractor and any sub-contractor shall be subject to theprovisions of this act, and the employer shall be en-titled to collect from the contractor the full amountpayable to the accident fund, and the contractor inturn shall be entitled to collect from the sub-con-tractor his proportionate amount of the payment.

Ch. 182.]

SESSION LAWS, 1921.

SEC. 9. That section 6604-24 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington shall be amended to read as follows:

Section 6604-24. The director of labor and in-

Mnagement dustries shall, in accordance with the provisions ofsupervision. this act:

1. Establish and promulgate rules governing theadministration of this act.

2. Ascertain and establish the amounts to bepaid into and out of the accident fund.

3. Regulate the proof of accident and extentthereof, the proof of death and the proof of relation-ship and the extent of dependency.

4. Supervise the medical, surgical and hospitaltreatment to the intent that same may be in all casesefficient and up to the recognized standard of modernsurgery.

5. Issue proper receipts for moneys received,and certificates for benefits accrued and accruing.

6. Investigate the cause of all serious injuriesand report to the Governor from time to time anyviolations or laxity in performance of protectivestatutes or regulations coming under the observationof the department.

7. Create. a division of statistics within whichshall be compiled such statistics as will afford re-liable information upon which to base operations ofall divisions under said department.

8. Make annual report to the Governor (one ofthem not more than sixty nor less than thirty daysprior to each regular session of the Legislature) ofthe workings 'of the department, and showing thefinancial status and the outstanding obligations ofthe accident fund, and the statistics aforesaid.

SEC. 10. That section 6604-33 of Remington &Ballinger 's Annotated Codes and Statutes of Wash-ington be amended to read as follows:

[Ch. 182.

SESSION LAWS, 1921.

Section 6604-33. It is the intent to require the Csifica-

industries of the state to furnish medical, surgical fnu mesal

and hospital care to their injured workmen and to aid.

place the expense thereof upon each industry andupon each istablishment in such industry as near asmay be in the proportion in which it produces injuryand creates expense. To this end the division of in-dustrial insurance shall divide the industries of thestate into five classes representing five degrees inthe causation of injury and consequent expense forthe medical, surgical and hospital care thereof, andsaid classes to be designated respectively, class A,class B, class C, class D, class E. The industriesshall be distributed into these classes as follows: Inclass C, those industries which produce nearest theaverage degree of causation and expense; in class A,those which produce nearest one-half of such aver-age; in class B, those which produce nearest three-fourths of such average; in class D, those which pro-duce one and one-fourth times such average; in classE, those which produce nearest one and one-halftimes such average. The director of labor and in-dustries through and by means of the division of in-dustrial insurance shall annually, before January 1stof each year, fix for the ensuing year, the rate whicheach firm shall pay into the medical aid fund, whichrate may be increased or decreased, based upon thecost experience of such firm for the preceding year,within the limits of payment now existing as follows:When the accident cost to the medical aid fund of anemployer be not less than 76% or more than 90% ofhis contribution his medical aid rate shall remain thesame. When the accident cost to the medical aid fundof an employer be not less than 51% nor more than76% of his contribution his medical aid rate shall bereduced to the next lower rate. When the accidentcost to the medical aid fund of an employer be not

Ch. 182.] 731


less than 26% nor more than 51% of his contributionhis medical aid rate shall be reduced to the secondnext lower rate. When the accident cost to the medi-cal aid fund of an employer be not less than 90% normore than 125% of his contribution his medical aidrate shall be increased to the next higher rate. Whenthe accident cost to the medical aid fund of an em-'ployer be more than 125% of his contribution hismedical aid rate may be advanced to the second nexthigher class.

That for the purpose of carrying out the intent ofthis section in merit rating and penalizing of thoseindustries and employers in classes D and E, therebe created two additional classes designated respect-ively as class F and class G. In class F shall be dis-tributed those industries which produce nearest oneand three-fourth times the average degree of causa-tion and expense; in class G, those which producenearest two times such average. Those industriesand employers in classes D and E who shall be pen-alized as provided in this section shall be placed inclass F or class G respectively for the ensuing year,as herein otherwise provided for the re-rating ofclasses A, B, C, D and E.

In no case shall the reduction in one year begreater than two classes and in no case shall the ad-vance in one year be greater than two classes: Pro-vided, That the annual re-rating directed herein shallnot apply to establishments under contract withphysicians, surgeons or owners of hospitals operatingthe same while such contract is in effect. From theoriginal classification or any change made thereinany employer or workman claiming to be aggrievedmay upon application, have a hearing before thedivision of the industrial insurance upon notice to theinterested parties and in the manner provided insection 6604-20, a review by the courts. The body of

[Ch. 182.

interested workmen may designate in writing induplicate one of them to be the recipient of serviceupon all of them, one copy to be posted for local con-venience, and the other to be filed with the secretaryof the supervisor of industrial insurance. In defaultof any such designation, service upon any one work-man other than the one instituting a complaint shallbe service upon all.

SEc. 11. That section 6604-35 of Remington &Ballinger's Afinotated Codes and Statutes of Wash-ington be amended to read as follows:

Section 6604-35. Upon the occurrence, after Medical andsurgical aid,

June 30, 1917, of any injury to a workman entitled to hospitalcare and

compensation under the provisions of said section transporta-

6604, he shall receive in addition to such compensa-tion, and out of the medical aid fund, proper andnecessary medical and surgical services, at the handsof a physician of his own choice if convenientlylocated, and proper and necessary hospital care andservices during the period of his disability from suchinjury, but the same shall be limited in point of dura-tion as follows:

In case of permanent partial disability not to ex-tend beyond the date when compensation shall beawarded him out of the accident fund, in case oftemporary disability not to extend beyond the timewhen the monthly allowances to him out of the ac-cident fund shall cease, in case of a permanent totaldisability not to extend beyond the date on which alump sum settlement is made with him or he isplaced upon the permanent pension roll. But afterany injured workman shall have returned to his workhis medical and surgical treatment may be continuedat the expense of the medical aid fund, if and as longas, such continuation is deemed by the supervisor ofindustrial insurance to be necessary to his more com-plete recovery. In order to authorize such continued

733SESSION LAWS, 1.921.Ch. 182.]

treatment in any case the written order of the super-visor of industrial insurance issued in advance ofthe continuation shall be necessary. Every employer,who employs less than fifty workmen, shall keep athis plant a first aid kit equipped as required by thestate board with materials for first aid to his injuredworkmen. Every employer, who employs within aradius of one-half mile of any plant or establishmentfifty or more workmen, shall keep there one first aidstation equipped as required by the state board withmaterials for first aid to his injured workmen. Themaintenance of such first aid kits and stations shallbe deemed to be a part of any educational standardsestablished under the provisions of sections 6604-55and 6604-57. When the injury to any workman is soserious as to require his being taken from the placeof injury to a place of treatment, his employer shall,at his own expense and without charge against themedical aid fund, furnish transportation to the near-est place of proper treatment. Every workmanwhose injury shall result in the loss of limb or eyeshall be once provided by the supervisor of industrialinsurance at the expense, not to exceed the sum ofone hundred sixty-five dollars ($165.00) in any case,of the accident fund, out of which his compensationshall come, an artificial substitute. Every workman,who shall suffer a penetrating wound of the corneaproducing an error of refraction, shall be once pro-vided at the expense of the accident fund, out ofwhich his compensation shall come, proper and prop-erly equipped lenses to correct such error of refrac-tion and his disability rating shall be based uponthe corrected result. A workman, whose injury isof such short duration as to bring him within theprovisions of subdivision L of section 6604-5, shallnevertheless receive during the omitted period, med-ical, surgical and hospital care and service and trans-portation under the provisions of this section.


Ch. 182.] 735SESSION LAWS, 1921.


Section 6604-45. Any contract made in violation Lieucontractsof this act shall be invalid, except that any employer rnedical

engaged in extra-hazardous work may, with the con-sent of a majority of his workmen, enter into writtencontracts with physicians, surgeons and owners ofhospitals operating the same, or with hospital associ-ations, for medical, surgical and hospital care toworkmen injured in such employment by and underthe control and administration of and at the directexpense of the employer and his workmen. Sucha contract shall not be assignable or transferable byoperation of law or otherwise except with the con-sent of the supervisor of industrial insurance en-dorsed thereon. Before any such contract shall gointo effect it shall be submitted to the supervisor ofindustrial insurance, and may be disapproved by thesupervisor of industrial insurance when found notto provide for such care of injured workmen as iscontemplated by the provisions of section 6604-36,and if a contract so submitted be with the owners ofa hospital operating the same, or with a hospitalassociation, the supervisor of industrial insuranceshall have power to disapprove the same if in hisjudgment the ownership or management of such hos-pital or hospital association will not be such as toproduce satisfactory service. Any such contractwith physician, surgeon, or owner and operator of ahospital, or with a hospital association, so disap-proved shall not be valid. Otherwise it shall be ap-proved and take and continue in effect for any periodof time specified therein, not exceeding three yearsfrom date of such approval: Provided, however, Thatthe director of labor and industries through the di-vision of industrial insurance may before approving

SESSION LAWS, 1921.

any such contract require the giving by any phys-ician, surgeon, hospital or hospital association of abond in such sum and in such form, as the directormay determine conditioned against any abandon-ment of such contract. Every such contract to bevalid must provide that the expenses incident to itshall be borne one-half by the employer and one-halfby such employees, and that it shall be administeredby the two interests jointly and equally. So long assuch contract shall be in effect the subject matterof the contract shall (except as in this section other-wise specified) be outside of and not affected by theprovisions of sections 6604-33 to 6604-44 inclusive,and section 6604-46, other than the provisions ofsection 6604-35 relating to artificial substitutes andlenses and the basis of compensation when lensessupplied, and to transportation of injured workmen,and to educational standards of safety, and otherthan the provisions of section 6604-40 relating tothe analyses and reports of accidents, and the em-ployer shall pay monthly into the medical aid fundten per centum of the amount he would have been re-quired to pay in that month if such contract had notbeen made, and of that ten per centum he shall collectone-half from his said workmen by proper deductionfrom the daily wage of each. During the operationof any such contract the supervisor of industrial in-surance or any interested person may file a com-plaint with the supervisor of industrial insurancealleging that the service and care actually renderedthereunder are not up to the standard provided insection 6604-36, and if upon a hearing had uponnotice to the employer and workmen interested there-under, the supervisor of industrial insurance maymake an order that the contracts shall terminateunless the defect or deficiency complained of shallbe remedied to his satisfaction within a period tobe fixed in such order, or he may at such hearing

736 [Ch. 182.

sustain the complaint and make an order that thecontract shall terminate forthwith. Notice to theworkman may be effected in the manner provided insection 6604-33. The employer or any interestedworkman may appeal from such decision to thecourts in the manner provided in section 6604-20.During the appeal the contract shall remain in forceand operation, but the costs of the appeal shall bepaid out of the medical aid fund only in case thedecision of the supervisor of industrial insurance isreversed by the court. If during the operation ofany such contract, any injured workman shall notreceive medical or surgical treatment with reason-able promptness upon the occurrence of his injury,or at any time during his treatment the supervisorof industrial insurance may provide such treatmentduring the emergency at the expense of his employer,who may charge such expense against such contract,and such emergency treatment shall continue untilsupplanted by like treatment under such contract,notwithstanding the pendency of an appeal fromsuch action. The cost of such emergency treatmentshall not exceed the rates specified in the fee bill pro-vided by section 6604-36. The acceptance of em-ployment by any workman shall be and be held to bean acceptance of any existing contract made underthis section to which his employer is a party.

No contract for medical, surgical, or hospital careof injured workmen entered into prior to the timethis act shall go into effect shall be invalidated byanything in this act contained.

SEC. 13. That there be added to Remington &Ballinger's Annotated Codes and Statutes of Wash-ington, a new section to be known as section6604-95a:

Section 6604-95a. Any employer who in any Penalty fornon-cor-

establishment carried on by him has refused or piiancewithstandards.

-24


failed to comply with the existing "safe place" and,or "safety device" standards applicable to any suchestablishment for a period of three months afterhaving had written notice from the supervisor ofsafety shall have added to the premium of the estab-lishment affected a penalty equal in amount to tenper cent of the contribution to the accident fund ofsuch establishment for the period of non-compliance,and this penalty may be increased by asi additionalten per cent of such contribution for each succeedingthree months period of refusal or failure of com-pliance.

SEC. 14. That section 6604-107 of Remington &Ballinger's Annotated Codes and Statutes of Wash-ington, be amended to read as follows:

Section 6604-107. Each employer who shall beAdditional certified to the supervisor of industrial insurance forassessmentsfor accident any calendar year to have failed to comply with anyfund. t ae t on~ LL n

educational standard applicable to his establishmentor case and who shall be certified by the supervisorof safety to. the supervisor of industrial insuranceto be shown by the experience tables provided bysection 6604-103 to have cost for that year and thefour preceding years the accident fund of any classor class subdivision to which he is a contributor morethan one hundred per cent but not more than onehundred and twenty-five per cent of the averagecost rate for said aggregate five-year period of suchclass or class subdivision shall pay -into the accidentfund upon demand of the supervisor of industrialinsurance in addition to the amount which he wouldotherwise have paid for such calendar year into theaccident fund on account of the plant, works or sys-tem in respect to which such excess cost shall haveoccurred a sum equal to five per cent of the cost ratefor that year of such class or class subdivision.

738S SESSION LAWS, 1921. [Ch. 182.

C SESSION LAWS, 1921.


Section 6604-108. Each employer who shall be Aditionalassessments

certified to the supervisor of industrial insurance for accidentfund.

for any calendar year to. have failed to comply withany educational standard applicable to his establish--ment or case and who shall be certified by the super-visor of safety to the supervisor of industrial in-surance to be shown by the experience table providedby section 6604-103 to have cost for that year andfor the four preceding years the accident fund ofany class or class subdivision to which he is a con-tributor more than one hundred and twenty-five percent of the average cost rate for said aggregate five-year period of such class or class subdivision shallpay into the accident fund upon demand of the super-visor of industrial insurance in addition to theamount which he would otherwise have paid for suchcalendar year into the accident fund on account ofthe plant, works or system in respect to which suchexcess cost shall have occurred a sum equal to tenper cent of the cost rate for that year of such classor class subdivision.


Section 6604-109. For the portion of any frac- Proport ionalcredits and

tion of calendar year remaining after the expiration penalties.

of four fractional or full calendar months after thissection shall go into effect or after the establishmentand notification of any standard of safety by thesupervisor of safety or if for any reason any em-ployer shall cease or suspend operation for any por-tion of any period of calendar year, the credits, andpenalties in sections, 6604-101, 6604-102, 6604-105,6604-106, 6604-107 and 6604-108 provided shall be

Ch. 182.] 739

calculated and applied in the proportio of timewhich the period of operation shall bear to the cal-endar year.

SEC. 17. Sections 6604-96, 6604-98, 6604-99 andRepealing 6604-100, Remington & Ballinger's Annotated Codesclause.

and Statutes of Washington are hereby repealed.Passed the House March 1, 1921.Passed the Senate March 7, 1921.Approved by the Governor, with the exception of


CHAPTER 183.[H. B. 264.]

PORT DISTRICTS.

AN ACT relating to port districts and amending section 4475Pierce's Code.

Be it enacted by the Legislature of the State ofWashinaton:

SECTION 1. That section 4475 of Pierce's Code(Laws 1917, p. 498) be amended to read as follows:

Section 4475. All port districts organized underPof the provisions of this act shall be and are hereby

authorized to acquire by purchase or condemnation,or both, all lands, property, property rights, leasesor easements necessary for the purposes of the portdistricts, and to exercise the right of eminent domainin the acquirement or damaging of all land, prop-erty, property rights, leases or easements, and thelevying and collection of assessments upon propertyfor the payment of all damages and compensation incarrying out the provisions for which said districtshall have been created, and such right shall be ex-ercised in the same manner and by the same pro-cedure as is or may be provided by law for cities of

740 SESSION LAWS, 1921. [Ch. 183.

SESSION LAWS, 1921.

the first class, except in so far as such may be in-consistent with the provisions of this act, and theduties devolving upon the city treasurer under saidlaw be and the same are hereby imposed upon thecounty treasurer for the purposes of this act; to layout, construct, condemn, purchase, acquire, add to,maintain, conduct and operate any and all systemsof sea walls, jetties, piers, wharves, docks, boat land-ings, warehouses, storehouses, elevators, grain-bins,cold storage plants, terminal icing plants, bunkers,oil tanks, ferries, canals, locks, tidal basins, bridges,subways, tramways, cableways, conveyors, togetherwith modern appliances for the economical handling,storing and transporting of freight and handling ofpassenger traffic, and other harbor improvements,rail and water transfer and terminal facilities withinsuch port district; and in connection with the oper-ation of the improvement of the port district to per-form all customary services including the handling,weighing, measuring and reconditioning all com-modities received; to apply to the proper authoritiesof the United States under any law now or whichmay hereafter be in force for the right to establish,operate and maintain foreign trade zones within thelimits of the port district and to establish, operateand maintain such foreign trade zones: Provided,That where the money so raised is to be used ex-clusively for the purpose of acquiring land for sitesand constructing warehouses, storage plants andother facilities to be constructed within the limitsof such foreign trade zone for use in the operationand maintenance of such foreign trade zones, saidport shall have the power to contract indebtednessor borrow money and issue general bonds therefor inan amount in addition to the three (3) per centumhereinafter fixed of two (2) per centum of the tax-able property in such district to be ascertained by

Ch. 183.]1 741

SESSION LAWS, 1921.

the last assessment for state and county purposesprevious to'the incurring of such indebtedness, suchadditional indebtedness only to be incurred by theassent of three-fifths (3/5) of the voters of such portdistrict voting thereon; to establish local improve-ment districts within such port districts, and to levyspecial assessments, under the mode of annual in-stallments extending over a period not exceeding ten(10) years on all property specially benefited by anylocal improvement, on the basis of special benefits,to pay in whole oi in part the damages or costs ofany improvement ordered in such local improvementdistrict; to issue local improvement bonds in anysuch local improvement district, to be repaid by thecollection of local improvement assessments: Pro-vided, That the levying and collection of all suchassessments and issuance of bonds hereby author-ized shall be in the manner now and hereafter pro-vided by state law for the levying and collection oflocal improvement assessments and the issuance oflocal improvement bonds by cities of the first class,insofar as the same shall not be inconsistent withthe provisions of this act: Provided, however, Thatthe duties devolving upon the city treasurer undersaid laws be, and the same are hereby imposed uponthe county treasurer for the purposes of this act;and to own and control lands, leases, and all ease-ments in land necessary for the purposes of the portdistrict; to improve navigable and non-navigablewaters of the United States and the State of Wash-ington within the port district; to create and im-prove for harbor purposes new waterways withinthe port district; to regulate and control all suchwaters and all natural or artificial waterways(waterways of commercial waterway districts ex-cepted) within the limits of such port district so farand to the full extent that this state can grant the

742 [Ch. 183.

SESSION LAWS, 1921.

same, and remove obstructions therefrom; tostraighten, widen, deepen and otherwise improve anyand all waters, watercourses, bays, lakes or streams,whether navigable or otherwise, flowing through orlocated within the boundaries of such port district;to fix absolutely and without right of appeal or re-view the rates of wharfage, dockage, warehousingand port and terminal charges upon all improve-ments owned and operated directly by the port dis-trict itself and ferry charges of ferries operated byitself: Provided, however, That the port commis-sion shall file with the public service commission ofthe State of Washington its schedule of rates andcharges so fixed, as is required by the laws of theState of Washington of public service corporations,and may not change any rate or charge so filed with-out first filing a notice of such change of rate orcharge with the public service commission not lessthan thirty days prior to the going into effect ofsuch change of rate or charge, and to fix, subject tostate regulation, rates of wharfage, dockage, ware-housing, and all necessary port and terminal chargesupon all docks, wharves, warehouses, quays, or piersowned by said port district but operated under leasefrom it; to execute leases of all lands, wharves, docksand property owned and controlled by said port dis-trict upon such terms as the port commission maydeem proper: Provided, That no lease shall be ex-ecuted for a period longer than thirty (30) years,and every such lease shall be secured by a bond, withsurety satisfactory to the port commission, in a pen-alty not less than the rental for one-sixth of theterm, but in no case less than the rental for one yearwhere the term is one year or more, conditioned tocarry out and perform the terms and conditions ofsuch lease: Provided, That in any lease the term ofwhich exceeds five (5) years, and when so stipulated

Ch. 183.] 743

SESSION LAWS, 1921.

in the lease (the insertion of such stipulation to bediscretionary with the port commission) the portcommission shall accept, with surety, satisfactory tothe port commission, a bond conditioned to carry outand perform the terms and conditions of the leasefor some part of the term, in no event less than fiveyears (unless the remainder of the unexpired termis less than five years, in which case for the full re-mainder), and in every such case the port commis-sion shall require of the lessee another or other likebond to be executed and delivered within two years,and not less than one year prior to the expiration ofthe period covered by the existing bond, coveringan additional part of the term in accordance withthe foregoing provisions in respect to the originalbond, and so on until the end of the term, so thatthere will always be in force a bond securing the per-formance of the terms and conditions of the lease,and the penalty in every such bond shall be not lessthan the rental for one-half the period coveredthereby, but no such bond shall be construed to securethe furnishing of any other bond; to sell and conveyany property in anywise acquired or owned by theport district whenever the port commission of suchdistrict shall have by resolution declared such prop-erty to be no longer needed for the purpose of theport district, but no property which is a part of thecomprehensive scheme or modification thereof,adopted by vote of the people, shall be sold or dis-posed of without the assent of a majority of -thevoters voting on the question of such proposed saleof disposition at a general or special election; toraise revenue by levy of an annual tax on all taxableproperty within such port district, the total levy forany one year for all purposes, except for the pay-ment of the principal and interest of the generalbonded indebtedness of the port not to exceed two

744 [Ch. 183.

SESSION LAWS, 1921.

mills on each dollar of the assessed valuation of thetaxable property iii such port district: Provided,That such levy shall be made and taxes collected inthe manner now or hereafter provided by law forthe levy and collection of taxes in school districts ofthe first class; to contract indebtedness or borrowmoney for port purposes and issue general bondstherefor not exceeding an amount, together with theexisting indebtedness of such port district of threeper centum of the assessed value of the taxable prop-erty in such district, to be ascertained by the last as-sessment for state and county purposes previous tothe incurring of such indebtedness: Provided, Thatno such indebtedness shall be incurred exceeding oneper centum of the assessed value of such taxableproperty in such port district as shown by the lastassessment for state and county purposes withoutthree-fifths of the voters of such port district votingon the incurring of such indebtedness assentingthereto at a general or special election held in suchport district for the purposes of such submission; tohave the power to issue general. bonds of any suchdistrict evidencing any indebtedness thereof payableat any time not exceeding fifty (50) years from thedate of such bonds.

Passed the House March 1, 1921.Passed the Senate March 9, 1921.

Permitted to become a law without the signature of the Gov-ernor.

J. GRANT HINKLE,

Secretary of State.

Ch. 183.1 745

SESSION LAWS, 1921.

CHAPTER 184.[H. B. 262.]

CREATING CLASS "6-A" COUNTIES AND FIXINGSALARIES OF OFFICERS THEREOF.

AN ACT fixing the compensation of all county officers in countieshaving a population of not less than five thousand six hun-dred and not more than six thousand, and naming suchcounties class "6-A" counties.


SECTION 1. All counties having a population ofPopulation. not less than five thousand six hundred (5,600) and

not more than six thousand (6,000), as determinedby the last preceding federal census, shall be knownas class "6-A" counties.

Salaries. SEC. 2. The salary of county officers of class"6-A" counties shall be per annum, respectively asfollows: Auditor, twenty-one hundred dollars($2100); treasurer, twenty-one hundred dollars($2100); assessor, twenty-one hundred dollars($2100); clerk, nineteen hundred and fifty dollars($1950); sheriff, eighteen hundred dollars ($1800);superintendent of schools, eighteen hundred dollars($1800) ; attorney, eighteen hundred dollars ($1800);engineer, twenty-seven hundred dollars ($2700);coroner, one hundred dollars ($100) ; members of theboard of county commissioners, ten dollars ($10) perday for time actually spent in the performance oftheir duties. All such county officers shall be en-titled to their necessary traveling expenses in theperformance of their official duties, bills therefor tobe audited by the county commissioners.

Time act SEC. 3. This act shall take effect on and aftertakes effect. the second Monday in January, 1923.

Passed the House March 1, 1921.Passed the Senate March 8, 1921.Permitted to become a law without the signature of the Gov-

ernor. J. GRANT HiNKLE,- Secretary of State.

746 [Ch. 184.

SESSION LAWS, 1921.

CHAPTER 185.[H. B. 119.]

LIABILITY OF COUNTY FOR FLOOD PREVENTION AND- NAVIGATION. I

A- ACT relating to actions against counties.


SECTION 1. No action shall be brought or main- When not.liabte.

tained against any county alone or when actingjointly with any other county under any law, its ortheir agents, officers or employees, for any noncon-tractual acts or omissions of such county or counties,its or their agents, officers or employees, relating tothe improvement, protection, regulation and controlfor flood prevention and navigation purposes of anyriver or its tributaries and the beds, banks andwaters thereof : Provided, That nothing containedin this act shall apply to or affect any action nowpending or begun prior to the passage of this act.

Passed the House February 23, 1921.Passed the Senate March 7, 1921.Permitted to become a law without the signature of the Gov-

ernor.J. GRANr HINKLE

Secretary of State.

Ch. 185.] 747

SESSION LAWS, 1921.

CHAPTER 186.[H. B. 98.1

CONSTRUCTION AND MAINTENANCE OF HIGHWAYS

PASSING OUTSIDE OF COUNTY.

AN ACT relating to highways, and providing for the constructionand maintenance thereof by counties outside the boundariesof such counties.

Be it enacted by the Legislature of the State ofW9ashing ton:

SECTION 1. That whenever a state or countyhighway shall have been or shall hereafter be estab-lished within any county, and such highway shallcross the boundary of such county and again entersuch county, it shall be lawful for the authorities ofthe county within which the major portion of suchhighway is established to expend the funds of suchcounty in the construction and maintenance of thatportion of the highway lying outside the county, inthe manner provided by law for the expenditure ofcounty funds for the construction and maintenanceof highways lying within the county.



Secretary of State.

Authorizedexpenditurefor.'

Ch. 186.748

SESSION LAWS, 1921.

CHAPTER 187.[H. B. 26.]

DRAINAGE IMPROVEMENT DISTRICTS.

AN ACT relating to drainage, authorizing the incurring of in-debtedness to complete work necessary to secure benefits,validating indebtedness heretofore incurred for such pur-poses and providing for assessments according to actualbenefits.


SECTION 1. Whenever any drainage district has costs inexcess of

been organized, established and created since Jan- estimateauthorized.

uary 1st, 1911, and extending to January 1st, 1921,in the manner provided by law, and the board ofcommissioners of such district have been a'uthorizedto proceed with the work of constructing a systemof drainage for such district in the manner providedby law and have begun such work and expended thewhole, or the major portion of the estimated cost ofsuch improvement, and it shall have appeared to suchboard of commissioners that such improvement couldnot be completed within the estimated cost thereofso as to produce the benefits to the lands of the dis-trict found by the jury to be benefited by the pro-posed improvement without expending a greater sumthan the estimated cost of such improvement andthat the benefits which would actually accrue to thelands of the district would be sufficient to warrantthe increased expenditure necessary to complete theimprovement, and such board of commissioners shallhave incurred indebtedness in the name of the dis-trict to such an amount as would complete the author-ized system of drainage for the benefit of the lands warrants

for addedof the district found by the jury to be benefited by costs.

the proposed improvement, and issued the warrantsof the district to cover the additional cost of complet-

Ch. 187.] 749

ing such improvement all warrants heretofore issuedfor such purposes are hereby declared to be valid andlegal obligations of the district so issuing the same.

SEC. 2. Whenever the board of commissionersDetermina- of any drainage district shall have heretofore issuedtion ofdamages and any warrants of the district for the purpose of com-benefits.

pleting a system of drainage for such district so asto produce the-benefits to the lands of the districtfound by the jury to be benefited by the proposedimprovement as provided in the preceding section,and the total estimated maximum benefits found bythe jury that would accrue to the lands of the districtby reason of such proposed improvement are not suf-ficient to cover the actual cost of such improvement,including the cost of completing the same as herein-above provided, the board of commissioners of suchdistrict shall file a petition in the superior court inthe original proceeding for the determination of thedamages and benefits to accrue from the proposedimprovement, setting forth the facts, describing thelands that have been, in the judgment of the com-missioners, actually benefited by the completed im-provement, stating the estimated amount of benefitsper acre that have accrued to each tract of land re-spectively, giving the name of the owner or reputedowner of such tract of land, and praying that theoriginal proceedings be opened for further proceed-ings for the purpose of determining the benefitswhich have accrued to each tract of land actuallybenefited by the completed improvement. If the saidboard of commissioners fail or refuse to file suchpetition within sixty days after receipt of a writtenrequest so to do, signed by any warrant-holder, thenthe said warrant-holder shall have the right tofile same.

Procedure. SEc. 3. Upon the filing of the petition providedfor in the preceding section, summons shall issue

750 SESSION LAWS, 1921. [Ch. 187,

SESSION LAWS, 1921.

thereon and be served on the owners of all landsdescribed in the petition as having been benefited,in the same manner as summons is issued and servedin the original proceedings for the determination ofdamages and benefits by reason of a proposed drain-age improvement, as near as may be. No. answer toany such petition shall be required unless the partyserved with summons desires to offset damagesclaimed to have been actually sustained by reason .of the completed improvement in addition to thedamages found by the jury in the original proceed-ing, and no default judgment shall be taken for fail-ure to answer any such petition.

SEc. 4. Upon the issues being made up, or upon Hearing.

the lapse of time within which the parties served arerequtired to appear by any summons issued as pro-vided in the preceding section, the court shall em-panel a jury to hear and determine the matters inissue, and if the jury shall find that the matters setforth in the petition are true and that any of thelands of the district have been benefited by the com-pleted improvement, after offsetting any additionaldamages found to have been sustained by reasonthereof, it shall determine and assess the benefitswhich have actually accrued, and shall specify in itsverdict the respective amount of benefits per acre,if any, assessed to each particular tract of land, bylegal subdivisions.

SEc. 5. Upon the returi of the verdict of the Judgment.

jury as provided in the preceding section, it shallappear to the court that the total benefits found bythe jury to have accrued to the lands of the districtis equal to or exceeds the actual cost of the improve-ment including the increased cost of completing thesame, the court shall enter its judgment in accord-ance therewith, as supplemental to and in lieu of theoriginal decree fixing the benefits to the respective

Ch. 187.] 751


tracts of land, and thereafter the assessment andlevy for the original cost of the construction of theimprovement, including the indebtedness incurredfor completing the improvement together with in-terest at the legal rate on the warrants issued there-for, and all assessments and levies if any, for thefuture maintenance of the drainage system describedin the judgment shall be based upon the respectivebenefits determined and assessed against the re-spective tracts of land as specified in thejudgment. Every person or corporation feeling him-self or itself aggrieved by any such judgment mayappeal therefrom to the supreme court within thirtydays after the entry thereof, and such appeal shallbring before the supreme court the propriety andjustness of the verdict of the jury in respect to theparties to the appeal.


erner.J. GRANT HINKLE,

Secretary of State.

752

SESSION LAWS, 1921.

CHAPTER 188.[S. B. 209.]

SALARIES OF SUPREME AND SUPERIOR COURT JUDGES.

AN ACT relating to the salaries of the judges of the supreme andsuperior courts and amending section 1 of chapter 77 of theSession Laws of 1919, being Sec. 8577 of Pierce's Washingtonlode.


SECTION 1. That section 1 of chapter 77 of thesession laws of 1919, being section 8577 of Pierce'sWashington Code, be, and the same is herebyamended to read as follows:

Section 1. Each judge of the supreme court Salariesfixed.

shall receive an annual salary of seven thousand dol-lars ($7,000.00). Each judge of the superior courtshall receive an annual salary of four thousand fivehundred dollars ($4,500.00): Provided, That incounties of the first class each judge of the superiorcourt shall receive an annual salary of five thousanddollars ($5,000.00), and in accordance with and forthe purpose of effectuating the legislative intent andobject in the enactment of said chapter 77 of theSession Laws of 1919 and also this act, the term"counties of the first class" is hereby understood,interpreted and declared to include class A counties.

SEc. 2. This act is necessary for the immediate Emergency.

preservation of the public peace, health and safety,and shall take effect immediately.

Passed the Senate March 4, 1921.Passed the House March 7, 1921.Permitted to become a law without the signature of the Gov-

ernor.

J. GRANT HINKLE,

Secretary of State.

Ch. 188.] 753

SESSION LAWS, 1921.

CHAPTER 189.[S. B. 116.]

VALIDATION OF SCHOOL DISTRICT WARRANTS.

AN ACT validating certain third class school district warrants.


SECTION 1. Whenever any third class school dis-warrants trict in any county of the sixth class of the State ofpayable toschool Washington has issued, or caused to be issued, anydirectors. warrants during the years 1918 and 1919, payable to

any director of such school district for servicesactually rendered such school district, but whichhave not been paid because issued in violation of thelaw prohibiting a school director from being finan-cially interested in any contract for services to theschool district of which he is a director, such war-rants are hereby validated, and the county treasurerof the county in which any such school district islocated is hereby authorized and directed to pay anysuch warrants from any of the general funds of suchschool district.

Passed the Senate February 17, 1921.Passed the House March 8, 1921.Permitted to become a law without the signature of the Gov-


Secretary of State.

754 [Ch. 189.

SESSION LAWS, 1921.

CHAPTER 190.[S. B. 26.]

MILK FOR SCHOOL CHILDREN.

AN ACT relating to health, welfare and care of children in at-tendance at any public school in any city of the first class.


SECTION 1. The board of directors of any public Directorsmay

school in any city of the first class may cause to be provide.

furnished free of charge, in a suitable individualsterilized receptacle on each and every school day toeach child in attendance under the age of fourteenyears desiring the same, not less than one-half pintof pure whole mifk during the lunch hour at the noonintermission. The cost of.supplying such milk shallbe paid for and in the same manner and out of thesame fund as the other items of expense incurred inthe conduct and operation of said school.

Passed the Senate February 2, 1921.Passed the House March 8, 1921.Permitted to become a law without the signature of the Gov-

ernor.

J. GArNT HINKLE,

Secretary of State.

Ch. 190.]

AUTHENTICATION.

1, J. Grant Hinkle, Secretary of State of the State ofWashington, do hereby certify that I have carefullycompared the foregoing published laws passed by theSeventeenth Legislature of the State of Washington, insession from January 10, 1921, to March 10, 1921, in-clusive, with the original enrolled laws, now on file inthis office, and find the same to be full, true and correctcopies of said originals with the exception of such cor-rections in spelling and use of words bracketed, thus [],in each case as provided by law.

In Testimony Whereof, I have hereunto set my handand affixed hereto the seal of the State of Washington.

Done at Olympia, this 16th day of April, 1921.

J. GRANT HINKLE,

[rseal Secretary of State.

JOINT AND CONCURRENT RESOLUTIONS OF THESENATE AND HOUSE.

(Minor Resolutions and Memorials, of no public importance,are not printed herein)

SENATE JOINT RESOLUTION NO. 4.

WHEREAS, the present state primary and secondaryhighways were largely designated by the 1913 session ofthe legislature, and

WHEREAS, new agriculture sections have been de-veloped, cities and towns of varying'size have been builtsince the present system was adopted, and

WHEREAS, petitions for new state roads are being pre-sented from many sections of the state,

Therefore, Be it resolved by the Senate and the Houseof Representatives of the Legislature of the State ofWashinyton:

That the state highway board (or their successors inoffice) be authorized and directed to make a completesurvey or study of the state as to any necessary revisionsof existing highways to ascertain if any eliminations, cor-rections or additions should be made to the present statesystem and report their findings to the 1923 session of thelegislature, and that until such survey and report is com-plete, no new highways be added to the present system.

Passed by the Senate February 2, 1921.Passed by the House February 10, 1921.

SESSION LAWS, 1921.

SENATE JOINT RESOLUTION NO. 9.

WHEREAS, data compiled by our metallurgical. engineer,our State University, and government mineralogist andanalysis by our chemist indicate all of the necessaryproperties in our natural resources as to quality andquantity for the manufacture of iron and steel; and,

WHEREAS, the necessary properties requisite to themanufacture of iron and steel are iron ore, carbon coaland limestone, therefore

Be it resolved, by the Senate and House of Repre-sentatives that the State Geologist be directed to makean investigation as to the feasibility of the manufactureof steel and iron in the State of Washington, findingsto be on other than the holdings of the United StatesSteel Corporation, to take into consideration localitiesof the bodies of the different requisite minerals, givingthe relative distance of one body to the other, and tomake the report public within sixty (60) days after theadjournment of the 1921 session of the legislature.

Passed by the Senate March 4, 1921.Passed by the House March 10, 1921.

SENATE CONCURRENT RESOLUTION NO 11.

Resolved by the Senate, the House concurring, thatthe State Reclamation Board be empowered and author-ized to engage counsel to represent them during the in-vestigation of the affairs of said board now being held;and that the investigating conunittee of the legislaturecreated under and by virtue of House Joint ResolutionNo. 2 be directed to require those who desire to present

758

SESSION LAWS, 1921.

evidence against the reclamation board to file with theinvestigating committee specific and definite charges, inproof of which the evidence is to be offered.

Adopted by the Senate February 4, 1921.Adopted by the House February 4, 1921.

HOUSE JOINT RESOLUTION NO 3.

Be it resolved, by the House of Representatives andthe Senate of the State of Washington, in legislative ses-sion assembled:

That the State Parks Committee or Commission be,and are hereby authorized to investigate and determinethe advisability of establishing a State Park in MountStickney District in Township twenty-eight, north ofRange Nine East, Willamette Meridian, in the County

of Snohomish, State of Washington, and to report backto the 1923 legislature.

Passed by the House March 3, 1921.Passed by the Senate March 10, 1921.

HOUSE CONCURRENT RESOLUTION NO. 11.

WHEREAS, the present statute requires the Secretaryof State to print one thousand copies in pamphlet formof acts of the legislature for temporary use; and

WHEREAS, this number is deemed insufficient,Therefore, Be it resolved, by the Legislature of the

State of Washington, that the Secretary of State be re-quested to print an additional one thousand copies of theadvance sheets of Session Laws of 1921, for the purposeof supplying the demand therefor.

Passed by the House February 7, 1921.Passed by the Senate February 9, 1921.

759

All Initiative and Referendum Measures, Filedin the Office of the Secretary of State,

and the Disposition Thereof.

INITIATIVE MEASURE NO. 1 .(State Wide Prohibition)-Refiled asInitiative Measure No. 3 (q. v.).

INITIATIVE MEASURE NO. 2 (Eight Hour Law)-Refiled as In-itiative Measure No. 5 (q. v.).

INITIATIVE MEASURE NO. 3 (State Wide Prohibition)-Submittedto the people November 3, 1914; passed.

INITIATIVE MEASURE NO. 4 (Drugless Healers) -No petitionfiled.

INITIATIVE MEASURE NO. 5 (Eight-Hour Law)-No petition filed.See Initiative Measure No. 13, covering same subject.

INITIATIVE MEASURE NO. 6 (Blue Sky Law)-Submitted to thepeople November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 7 (Abolishing Bureau of Inspection)-Submitted to the people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 8 (Abolishing Employment Offices)-Submitted to the people November 3, 1914; passed.

INITIATIVE MEASURE NO. 9 (First Aid to Injured)-Submittedto the people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 10 (Convict Labor Road Measure)-Submitted to the people November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 11 (Fish Code)-Petition failed.

INITIATIVE MEASURE NO. 12 (Abolishing Tax Commission) -Petition failed.

INITIATIVE MEASURE NO. 13 (Eight Hour) -. Submitted to thepeople November 3, 1914; failed to pass.

INITIATIVE MEASURE NO. 14 (Reapportionment)-No petitionfiled.

INITIATIVE MEASURE NO. 15 (Fundamental Reform Act)-Nopetition filed.

INITIATIVE MEASURE NO. 16 (Reapportionment)-No petitionfiled.

INITIATIVE MEASURE NO. 17 (State Road Measure)-No petitionfiled.

INITIATIVE MEASURE NO. 18 (Brewers' Hotel Bill)-Submittedto the people November 7, 1916; failed to pass.


INITIATIVE MEASURE NO. 19 (Non-Partisan Election and Presi-dential Primary)-No petition filed.

INITIATIVE MEASURE NO. 20 (First Aid)-No petition filed.

INITIATIVE MEASURE NO. 21 (Home Rule)-No petition filed.

INITIATIVE MEASURE NO. 22 (Fisheries Code)-No petition filed.

INITIATIVE MEASURE NO. 23 (Politicians' Code)-No petitionfiled.

INITIATIVE MEASURE NO. 24 (Brewers' Bill)-Submitted to thepeople November 7, 1916; failed to pass.

INITIATIVE MEASURE NO. 25 (Repealing Chapter 2, Laws 1915,Known as Initiative measure No.* 3)-No petition filed.

INITIATIVE MEASURE NO. 26 (Making the State a ProhibitionDistrict)-No petition filed.

INITIATIVE MEASURE NO. 27 (Repealing Chapter 57, Laws 1915)-No petition filed.

INITIATIVE MEASURE NO. 28 (Non-Partisan Elections)-No peti-tion filed.

INITIATIVE MEASURE NO. 29. (Capitol Removal Bill)-No peti-tion filed.

INITIATIVE MEASURE NO. 30 (Eight-Hour Law)-No petitionfiled.

INITIATIVE MEASURE NO. 31 (Municipal Marketing Measure)-No petition filed.

INITIATIVE MEASURE NO. 32. (Picketing Measure)-No petitionfiled.

INITIATIVE MEASURE NO. 33 (Non-Partisan Elections and Presi-dential Primary)-No petition filed.

INITIATIVE MEASURE NO. 34 (Relating to Salmon Fishing)-No

petition filed.

INITIATIVE MEASURE NO. 35 (Repealing Chapter 174, Laws1919)-Insufficient number of signatures on petition; failed.

INITIATIVE MEASURE NO. 36 (Municipal Marketing Measure)-No petition filed.

INITIATIVE MEASURE NO. 37 (Relating to Ownership of Land byAliens)-No petition filed.

REFERENDUM MEASURE NO. 1 (Teachers' Retirement Fund)-Submitted to the people November 3, 1914; failed to pass.

REFERENDUM MEASURE NO. 2 (Quincy Valley Irrigation Meas-ure)-Submitted to the people November 3, 1914; failed topass.


REFERENDUM MEASURE NO. 3 (Chapter 54, Laws 1915, Relatingto Initiative and Referendum)-Submitted to the people No-vember 7, 1916; failed to pass.

REFERENDUM MEASURE NO. 4 (Chapter 55, Laws 1915, Recallof Elective Public Officers)-Submitted to the people Novem-ber 7, 1916; failed to pass.

REFERENDUM NO. 5 (Chapter 52, Laws 1915, Party ConventionsAct)-Submitted to the people November 7, 1916; failed topass.

REFERENDUM MEASURE NO. 6 (Chapter 181, Laws 1915, Anti-Picketing)-Submitted to the people November 7, 1916; failedto pass.

REFERENDUM MEASURE NO. 7 (Chapter 178, Laws 1915, Certifi-cate of Necessity Act)-Submitted to the people November 7,1916; failed to pass.

REFERENDUM MEASURE NO. 8 (Chapter 46, Laws 1915, PortCommission)-Submitted to the people November 7, 1916;failed to pass.

REFERENDUM MEASURE NO. 9 (Chapter 49, Laws 1915, BudgetSystem)-Submitted to the people November 7, 1916; failedto pass.

REFERENDUM MEASURE NO. 10 (Chapter 19, Laws 1917, BoneDry Law)-Submitted to the people November 5, 1918; passed.

REFERENDUM MEASURE NO. 11 (Chapter 167, Laws 1917, CapitolBuilding Fund Bonds )-No petition filed.

REFERENDUM BILL NO. 1 (Chapter 99, Laws 1919, State SystemTrunk Line Highways)-Submitted to the people November 2,1920; failed to pass.

REFERENDUM BILL NO. 2 (Chapter 1, Laws Extraordinary Ses-sion, 1920; Soldiers' Equalized Compensation)-Submitted tothe people November 2, 1920; passed.

TABLE OF CROSS REFERENCES TO 1921 AMENDMENTS.

Abbreviations: add=added; am=amended; re-en=re-enacted; rep=repealed;super= superseded.

LAWS 1921

Chap. Sec. Page Laws Page See.

20 1 86 am. 1917 194 1 am.24 1 91 am. 1890 209 168 am.25 1 91 am. 1919 391 1 -

26 1 92 - - - - -

28 1 98 am, 1890 628 2 am.21 1 102 am. 1911 264 187 am.a1 2 115 rep. 1911 266 188 rep.

267 189 rep.32 1 116 am. 1909 651 6 am.34 1 118 am. 1915 486 6 am.15 1 118 am. 1913 224 7 am.

(1903 257 a rep.1903 258 7 rep.1913 357 2 rep.1913 358 3 rep.1915 431 8 rep.

11913 360 8 rep.11915 433 10 rep.

37 19 136 rep. . 1915 436 12 rep.11915 437 15 rep..1913 373 35 rep.

1913 375 37 rep.I1913 375 38 rep.1 1915 427 1 rep.11913 377 42 rep.11917 767 7 -

39 1 to 5 138 add. 1911 426 14 add. I

40 1 140 am. 1915 350 1 am.41 1 141 am. 1919 191 1 am.41 2 142 am. 1907 104 2 am.41 3 142 am. 1907 105 3 am.41 4 143 am. 1907 105 4 am.41 5 143 am. 1919 1902 5 am.41 6 144 am. 1919 193 6 am.41 7 145 am. 1919 194 7 am.41 8 146 am. 1915 244 1 am.42 1 147 am. 1913 386 1 am.43 1 148 am. 1913 522 3 am.44 1 150 am. 109 287 5 am.46 1 152 rep. 1917 Chap. 20 -50 12 159 rep. 1886 101 1 and 2 rep.51 1 160 am. 1917 593 1 am.52 1 161 am. 1895 276 6 am.55 1 169 Am. 1915 417 12 am.59 1 175 re-en. 1915 603 1 re-en.60 1 178 am. 1897 146 19 am.62 1 182 am. - - - add.68 1 1S3 am. 1915 85 51 am.63 2 188 add. 1915 Chap. 31 add.63 3 192 am. 1915 90 52 am.64 1 196 am. 1917 349 2 -64 2 198 am. 1917 351 4 -64 3 198 add. '917 Chap. 105 -65 4 199 rep. 1963 285 1 rep.69 1 204 am. 1909 896 28 am.70 1 205 am. 1890 214 174 am.7s 1 211 am. 1917 273 8 -74 1 212 am. 1919 595 13 am.75 1 213 am. 1917 355 4 -75 2 214 am. 1917 356 22 -75 3 215 am. 1909 466 59 am.82 1 224 am. 1919 16 17 -85 1 227 am. 1917 36 12 am.E7 1 231 am. 1895 324 29 am.90 1 236 am. 1919 585 4 -

2 1 241 am. 1911 456 24 Am.93 1 243 am. 1917 689 163 -94 1 245 am. 1917 281 24 -95 1 248 am. 1919 149 1 am.95 2 250 am. 1917 408 1 -

(763)

Rem. Pierce4976-3 am. 34507743 am. 848

- am. 8642.4- am. 8153

8985 am. 66536059-187 am. 31316059-188 rep. 31326059-189 rep. 31335872 am. 67865878-2E am. 68235878 7 am. 68305347 am. 25875351 rep. 25895395-2 rep. 25935395-3 rep. 26105395-4 rep. 26125395-8 rep. 26185395-25 rep. 26195395-27 rep. 26215395-33 rep. 26225395-35 rep. 26245395-36 rep. 26275395-38 rep. 26285395-41 rep. 2641-235395-42 rep. 2641-27

- rep. -8165-15 to add. 4485-15 to8165--19 4485-195028-1 am. 66488914 - am. 62468915 am. 62488916 am. 62498917 am. 62508918 am. 62518929 am. 62528919 am. 62538920 am. 624742-1 am. 85951987-3 am. 5954484 am. 4982

- rep. 4066--40718775-8776 rep. 135--1360182 am. 70524142 am. 1947-66831 am. 6394*8626-74a re-en 5601-19132 am. 69116059-235a add. 3117-15150-51 am. 24605150-51 a add. 24615150-52 am. 2461

- am. 2580- am. 2582- add. 25858

431 rep. 80812280 am. 87157748 am. 853

- am. 25859e0-13 am. 2654

- am. 3765-4- am. 3765-22

7226 am. 3765-52

- am. 47454123 am. 1946-43

- am. 94-47892-24 am. 1012

- am. 9795- am. 274

5879-14 am. 6171- am. 6796

TABLE OF CROSSoREFERENCES TO 1921 AMENDMENTS.

Abbreviations: add=added; am=amended; re-en=re-enacted; rep=repealed;super=superseded.

LAWS 192

Chap. See. Page

96 49 282

1 2832 2843 2854 2855 2866 2877 2898 2899 290

10 9111 2911 2931 2961 2971 2982 3003 3014 3021 3032 3043 3051 3062 3063 3065 3071 3311 3312 3.322 3.323 3333 34 3344 3344 3344 334

5 335

1 3442 3463 3464 3475 3486 3487 3498 3499 349

10 35011 35012 35113 35214 35215 3531 3731 3771 3791 - 3802 380-.3 3814 3815 3826 3827 3828 3829 383

10 3831 3981 400

Laws Page See. Rein.I.r 5561-1

11913 Chap. 150 rep. 4 torep. I 5561-3

11915 Chep. 142 rep. 4 toLL 5562-36

am. 1917 300 2 - -am. 1917 310 4 - -am. 1917 312 8 -am. 1917 314 9 - -am. 1917 316 11 - -

am. 1917 318 13 - -am. 1917 319 14 - -am. 1917 319 15 - -am. 1917 321 17 - -am. 1917 322 19 - -rep. 1917 318 12 -sup. 1917 219 1 -am. 1911 337 1 am. 3884-1am. 1909 265 3 am. 4424am. 1911 627 5 am. 5277-1am. 1911 629 8 am. 5277-Sam. 1911 631 11 am. 5277-11add. 1911 Chap. 125 -add. 1917 Chap. 117 - -am. 1917 466 41 - -add. 1917 Chap. 117 -am. 1919 62S 19 -rep. 1919 632 6 -am. 1919 642 63 -

am. 1919 642 63 -am. 1891 42 1 am. 982add. 1891 - - add. 982-1am. 1891 43 4 am. 9

- - - add. 9881am. 1891 43 8 an. 995

-add. 9951-add. 9952

-add. 995-3- - -95-4

add. 995-5f 225 1 rep. 991

rep. 1893 1 226 2 rp. 992( 226 3 rep. 993- - add. 6059-23

- - - add. 6059-23- - add. 605923

- - add. 6059-23- - add. 6059-23- - add. 6039-23- - - add. 6059-23- - - add. 6659-23- - - add. 6959-23- - - add. 6659 23- - add. 60-59-23- - - add. 605M32

- - add. 6059-23- - - add. 6059-23- - add. 6059-3

am. 1911 489 1 am. 4842am. 1911 92 3 am. 9223-1semi. 1888l 7 4 aen. 963.5am. 1917 186 1 - -

am. 1917 1- 4 - -

am. 1917 1 -8 6 - -am. 1917 1 -8 - -am. 191- 189 9-am. 1917 189 10am. 1917 191 17add. 1917 Chap. 8 22add. 1917 Chap. 38 23add. 1917 Chap. 38 24am. 1917 61 14 am. 6262-31am. 1917 58 2 -

120 23 418 rep. f 1917 421 1-23 Rep.1 1919 243 1- 7 -

310 to128 a139 t142

Piercef 214 to

rep. 4 234Lf 6eog to

rep. 4 6060iL 196 to 213

am. 334am. 336aim. 340am. 341am. 343am. 345am. 346am. 347am. 349am. 351rep. 344sLIp. 8464am. 16S2am. 4907am. 26

2

am. 2565am. 2568add. 257S-1add. 7225-1am. 7243add. 7233aam. 1855-19rep. 1855-30am. 1855-41am. 1855-63am. 7501add. 7501aam. 7507add. 7507aam. 7511add. 7511-1add 7511-2add. 7511-3add. 7511-4add. 7511-3rep. 7514rep. 7515rep. 7516add. 2930

a add. 2930-1b add. 2930-2c add. 2930-3d add. 2930-4e add. 2930-5f add. 2930-6g add. 2930-7h add. 2930-Si add. 2930-9j add. 2930-10k add. 2930-111 add. 2930-12:m add. 2930-13n add. 2930-14

am. 2259am. 6959am. 6576am. 616an. 619am. 621am. 622am. 624am. 625am. 632add. 636-1add. 636-2add. 636-3am. 3193am. 5401

nd f 177-178o rep. 4 151-174

L 188-191

(764)



LAWS 1921

Chap. See. Page127 1 41R am.128 1 4-20 am.129 1 422 am.129 2 425 am.129 3 42q am.129 4 430 am.129 5 432 am.129 6 435 am.129 7 43R am.129 8 439 am.129 9 443 am.1-29 10 444 am.129 11 445 am.129 12 447 am.129 13 447 am.129 14 44z am.129 15 430 am.129 16 451 am.129 17 453 am.129 is 455 am.129 19 435 am.129 20 455 am.129 21 458 am.129 22 460 am.129 23 460 am.129 24 460 am.129 25 463 am.129 26 466 am.129 27 468 am.129 28 469 am.129 29 470 * am.129 30 471 am.129 31 471 an.129 32 472 am.129 33 472 am.129 34 473 am.129 35 473 am.129 36 474 am.129 37 475 am.129 3S 476 am.129 39 477 am.129 40 477 am,129 41 478 am.129 42 479 am.129 43 401 am.129 44 481 am.129 45 4q2 am.129 46 483 am.129 47 483 am.

129 48 4S4 rep.

131 1 487 rep.132 1 48 am.135 1 491 am.136 1 492 am.138 1 494 am.138 2 496 am.139 1 499 am.139 2 499 am.139 3 500 am.139 4 500 am.139 7 501 rep.141 2 507 am.141 2 500 am.141 3 512 am.141 4 513 am.141 5 515 am.141 6 519 am.141 7 521 am.141 8 523 am.141 9 523 am.141 10 525 am.141 11 526 am.141 12 520 am.142 1 523 am.143 1 528 am.

Laws Page See.1913 274 1 am.1913 526 1 am.1915 605 2 am.1919 530 Chap. 180 am.1913 560 2 am.1915 6r, 3 am.1915 616 4 am.1915 612 5 am.1915 614 6 am.1915 615 7 am.1915 61 P am.1915 619 9 am.1913 62N 10 am.1995 441 10 am.1915 621 11 am.1913 621 12 am.1915 622 13 am.1915 623 14 am.1915 624 15 am.1913 572 14 am.1913 573 15 am.1913 574 16 am.1915 624 16 am.1895 446 20 am.1913 576 19 am.1915 627 19 am.1915 628 21 am.1917 724 2 am.1919 54q 16 am.1917 72) 4 am.1917 731 5 am.1917 732 6 am.1919 549 17 am.1915 61; 21 am.1390 695 49 am.1990 697 56 am.1915 629 23 am.1390 699 61 amf.IS90 699 62 am.1390 700 63 am.1915 630 24 am.1915 631 25 am.1915 631 26, am.1890 702 67 am.1390 702 G3 am.1913 578 22 am.1915 632 27 am.1915 633 29 am.1917 742 20 am.

1919 Chap. 154 rep.

1913 Chap. 31 -1393 177 7 am.1913 522 2 am.1909 254 10 am.1913 78 4 am.1913 8o 6 am.1919 128 1 am.1919 129 2 am.1919 129 3 am.1919 129 4 am.1919 130 5 rep.1915 494 1 am.1915 495 2 am.1915 4903 3 am.1913 40 5 am.1915 510 14 am.1915 514 16 am.1915 515 17 am.1913 516 13 am.1913 521 27 am.1919 067 4 am.1915 523 30 am.1915 524 31 am.1911 3wo 4 am.1915 691 1 am.

(765)

Rem.51317292-1164176417 -1641S641964966427642S643064316432643364336436643764-306439G440644164426443644464496451645664576437-26457-364,7-46457-56457-66457-764626464647164756476647764770647S647064 1642

64836488649649164936432-1to

6432-3

387719,7-243738733-48733-65049-75049-5049-S5049-195049-113609-11

30c2-2302-35300- 53002-1430'2-163032-173002-133052-2730Z2-29

3032-31

5049-44893-1

Pierce

am. 958am. 100fam. 3198am. 3198aam. 3199am. 3200am. 3207am. 3208am. 3209am. 3011am. 3212am. 3213am. 3214am. 3216am. 3217am. 2218am. 3219am. 3290am. 3221am. 3922am. 3223am. 3225am. 3226am. 3229am. 3231am. 3236am. 3237am. 3239am. 3240am. 3241ain. 3242am. 3243am. 3243Y2am. 32345am. 3247am. 3254asi. S257aIn. 3253am. 3259aI. 3260am. 3261am. 3262am. 3963am. 3264am. 3265an. 3263all. 3269ain. 3271am. 3273

339rep. to

L 3403

am. 1684am. 594am. 4833am. 5641aIn. 5643am. 4760am. 4770am. 4771am. 4772rep. 4772am. 2707am. 2708asi. 2700am. 2711ain. 2720am. 2722am. 27-3am. 2724sm, 2733am. 2733am. 2736am. 2737am. 4754aam. 2087



Chap. Sec. Page143 2 529143 3 530143 4 533143 4 534143 6 535143 7 536144 1 536145 1 540145 2 542145 3 542145 4 543145 5 544145 6 545145 7 546146 1 548146 2 549146 3 550146 4 552146 5 553147 1 554147 2 555148 1 556148 2 557152 1 569152 2 569152 3 570152 4 572153 1 573153 2 574153 3 575153 4 575153 5 576153 6 577153 7 577154 1 580

156 1 607

156 2 617156 3 618156 4 620157 4 627157 5 629157 6 630158 1 633159 1 635159 2 637159 4 639159 5 640359 6 642159 8 643159 9 644359 10 645159 11 645160 1 646160 2 647165 1 656166 1-3 657168 3 662

am.am.add.add.am.rep.am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.

amin

am.am.am.am.am.am.am.am.am.am.am.

am.

am.am.am.am.am.am.am.am.am.am.am.am.

am.rep.

am.am.

rep.-

173 16 674 rep.

175 1 679 am.176 1 682 am.

176 2-13 684 -

176 14 690 am.176 15 690 am.176 16 692 -177 1 692 am.

Laws Page See.1915 691 21915 692 31915 Chap. 189 3a1915 Chap. 189 3b1915 693 41917 716 61919 593 121919 590 41919 592 81919 597 161919 00 221919 601 241919 601 251919 603 291895 304 11895 304 21895 305 31915 373 11895 310 S1919 216 121911 390 11919 232 11919 232 21919 434 11919 435 21919 435 3

1919 558 51919 559 71919 561 91919 561 101919 562 131919 563 141919 563 161893 147 1

1919 690 1

1919 699 21915 566 181919 700 31913 623 201913 624 221913 637 3S1915 315 11917 243 61893 308 161893 314 341917 251 171917 252 19

1917 521 121917 523 151915 59 1

1 1905 142 11909 952 210

11903 395 211903 395 2I - 413 2J - 413 3] 1907 415 4

- 416 5- 417 6

L - 417 71909 93 161915 179 7

1915 176 31915 174 2

1909 174 4

(766)

Reim.am. 4898-2am. 4898-3

am. 4898-4

am. 4091am. 4692am. 4093am. 4-0am. 4102am. 4607am. 4210am. 643am 6849am: 64am. 6797

am. 5577f 3.345-11

aup. 8 -

am. 6,45 17am. 9345-18am. -334525am. 4226-20am. 4226-22am. 4226-38am. 5953-2am. 5 740am. 5742am. 3760am. 3701am. 5763

am. 4226-1am. 4226-4am. 5013-1

rep.rep. 2710rep. 2462

-r 0rep. 4 to- 6058

am. 4309am. 4026

am. 4M0amo. 4897

am. 4515

Pierceam. 2088am. 2089add. 2089-1add. 2089-2am. 2090rep. 2092am. 2653am. 2645am. 2649am. 2657am. 2663am. 2665am. 2666am. 2670am. 1946-1am. 1946-2am. 1946-3am. 1946-6am. 1946-21am. 5110am. 5116am. 7686am. 7687am. 6499am. 6502am. 6502badd. 6502eam. 103am. 105am. 107am. 108am. 111am. 112am. 112bam. 5973supr. 365add. 365-1 to

365-17am. 371am. 372am. 379am. 1945-76am. 1945-77aam. 1945-94am. 2852am. 6092am. 6094am. 6105am. 6106am. 6108add. 6110badd. 6110C

oadd. 6110dadd. 61102am. 1945-57am. 1945-60am. 2409add. 9727-1 to

9727-3rep. 9022rep. 9131-123

f 2871 toI 2876

rep. 1 and| 2878 toL 2879

am. 5007am. 2243

f 2243-1add. I to

L 2243-12am. 2228am. 2226add. 2243-13am. 2234


Abbreviations: add=added; am=amended; re-en=re-enacted; rep=repealed;

super=superseded.

LAWS 1921

Chap. Sec. Page Laws Page

177 2 693 am. 1915 34177 3 693 am. 1915 31177 4 694 am. 1915 34177 5 695 am. 1915. 35177 6 696 am. 1915 38177 7 698 am. 1915 34178 1 700 am. 1915 26178 2 701 am. 1890 430178 3 701 am. 1890 404178 4 702 am. 1915 17917S 5 702 am. 1907 467178 6 703 am. 1915 321178 7 705 am. 1915 3:30178 8 705 am. 1915 331179 1 706 am. 1917 502179 . 2 709 am. 1911 426179 3 709 am. 1911 426]SO 1 710 am. 1915 82180 2 711 am. 1915 84180 3 712 am. 1915 9.5180 4 712 am. 1915 93180 5 713 am. 1915 99180 6 713 am. 1915 103180 7 714 am. 1915 105ISO 8 714 am. 1915 106180 9 715 rep. 1915 107182 1 719 am. 1911 346182 2 720 aI. 1917 474182 3 724 - - -

182 4 724 - - -182 6 726 am. 1911 364.182 7 727 am. 1911 364182 8 728 am. 1911 S9182 9 730 am. 1911 370182 10 730 am. 1917 83182 11 733 am. 1919 301182 12 735 am. 1919 3051S2 13 737 -182 14 738 am. 1919 334182 15 739 am. 1919 334182 16 739 am. 1919 315

182 17 740 rep. 1919 J 329

1 310

183 1 740 am. 1917 498ISS 1 753 am. 1919 154

See.

23457S

2126

2126

7

121343485865738288969821

10126

24325

626364515354

15

am.am.am.am.

am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.am.a in.am.am.am.rep.am.am.add.add.am.asi.am.am.am.am.am.add.ami1.am.am.am.am.rep.repam.am.

Rem. Pierce4757 am. 23234762 am. 23244762 allm. 2325476 ani. 23274767 am. 23?4768 am. 23304793 am. 21624769 a1. 216344)2 am. 21W,4411 am. 22304R25 am. 22424910-7 am. 23.534911 am. 22124913 am. 29124763-5 am. 44768165-12 am. 44S381613-1. am. 44345150-43 ain. 245251-5048 am. 24575150-58 am. 24675110-65 am. 24745150-73 am. 24315150-32 am. 24915150-33 am. 24975150-96 am. 25055150-98 rep. 25076604-2 am. 34696604-3 am. 34706604-4a add. 3471-16604-4b add. 3471-26604-10 am. 34736604-12 am. 34806604-17 am. 34856604-24 am. 34936604-33 am. 35010604-35 am. 35036604-45 am. 35136604-95a add. 3515-48a6604-107 am. 351.5-06604-108 am. 3515-61604-109 am. 3515-626604-96 am. 3515-496M-98 ai. 3515-51 to6604-99 rep. 3115-536814-100 rep. -8165-4 am. 44759052 am. 8577

(767)

INDEX TO AMENDMENTS.

AMENDMENTS, LAWS 1909:Chapter 97, sec. 3, page 265Chapter 97, sec. 10, page 254Chapter 134, sec. 59, page 466Chapter 186, sec. 6, page 651Chapter 249, sec. 2S, page 896Chapter 249, sec. 210, page 952

AMENDMENTS, LAWS 1911:ChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapterChapter

24, sec.49, sec.49, sec.49, sec.49, sec.66, sec.69, sec.74, sec.74, sec.74, sec.74, sec.SS, sec.92, sec.98, sec.

101, sec.125, sec.125, sec.125, sec.125, see.

.................. am ended

.................. am ended

.................. am ended

.................. am ended

.................. am ended................... repealed

3, page 92 .................. amended187, page 264 .................. amended188, page 266 .......... o.........repealed189, page 267 ................... repealed... page ... ..................... added

I. page 337 ................. amended4, page 340 .................. amended2, page 346 .................. amended

10, page 364 .................. am ended12, page 364 .................. amended24, page S70 .................. amended

1, page 390 .................. am ended14, page 426 ..................... added24, page 456 .................. amended

1, page 489 .................. amended5, page 627 .................. amended8, page 629 .................. am ended

11, page 631 .................. am ended... , page ... .................... added

AMENDMENTS, LAWj 1913:Chapter 30, sec. 4, page 78Chapter 30, sec. 6, page 80Chapter 31, sec. ., page ...Chapter 65, sec. 7, page 224Chapter 92, see. 1, page 274Chapter 120, sec. 2, page .357Chapter 120, sec. 3, page 358Chapter 120, sec. 8, page 360Chapter 120, sec. 35, page 373Chapter 120, see. 37, page 375Chapter 120, sec. 38, page 375Chapter 120, sec. 42, page 377Chapter 126, sec. 1, page 386Chapter 153, sec. ., page ...Chapter 160, sec. 2, page 522Chapter 160, see. 3, page 522Chapter 165, sec. 2, page 560Chapter 165, sec. 14, page 572Chapter 165, sec. 15, page 573Chapter 165, see. 16, page 574Chapter 165, see. 19, page 576Chapter 165, sec. 22, page 578Chapter 176, see. 20, page 623Chapter 176, see. 22, page 624Chapter 176, sec. 38, page 637

.................. am ended 138

.................. am ended 138.................. repealed 131.................. am ended 35.................. am ended 127................... repealed 37

................... repealed 37

................... repealed 37................... repealed 37................... repealed 37................... repealed 37................... repealed 37.................. am ended 42................... repealed 96.................. am ended 135

..................am ended 43.................. am ended 129.................. am ended 129.................. am ended 129.................. am ended 129.................. am ended 129.................. am ended 129.................. am ended 157.................. am ended 157.................. am ended 157

(768)

Laws 1921Sec. Page

1 2971 4923 2151 1161 2043 662

112

9

2111

19

6799

1Ito 5111

34

12111

19191919191919

149

113

192023444

6

377102115115182296528719726727730555138241373298300301302

494496487118418136136136136136136136147251491148428453455458460481627629630

AMENEDMENTS, LAWS 1915:Chapter 26, sec. 1, page 59Chapter 31, sec. 43, page 82Chapter 31, sec. 48, page 84Chapter 31, sec. 51, page 85Chapter 31, sec. 52, page 90Chapter 31, sec. 58, page 95Chapter 31, sec. 65, page 98Chapter 31, sec. 73, page 99Chapter 31, sec. 82. page 103Chapter 31, sec. 88, page 105Chapter 31, sec. 96, page 106Chapter 31, sec. 98, page 107Chapter 31, sec. ... , page ...Chapter 52, see. 7, page 179Chapter 69, sec. 1, page 244Chapter 109, sec. 1, page 315Chapter 126, sec. 1, page 350Chapter 139, sec. 1, page 373Chapter 142, see. ., page ...Chapter 147, sec. 12, page 417Chapter 151, sec. 1, page 427Chapter 151, sec. 8, page 431Chapter 151, sec. 10, page 433Chapter 151, see. 12, page 436Chapter 151, see. 15, page 4 37Chapter 164, sec. 6, page 486Chapter 166, sec. 1, page 494Chapter 166, sec. 2, page 495Chapter 166, sec. 3, page 498Chapter 166, sec. 5. page 499Chapter 166, sec. 14, page 510Chapter 166, sec. 16, page 514Chapter 166, sec. 17, page 515Chapter 166, sec. 18, page 516Chapter 166, sec. 27, page 521Chapter 166, sec. 29, page 523Chapter 166, see. 30, page 525Chapter 166, sec. 31, page 524Chapter 168, sec. 1, page 526Chapter 175, sec. 11, page 556Chapter 175, sec. 17, page 565Chapter 175, sec. 18, page 566Chapter 175, sec. 25, page 572Chapter 178, sec. 1, page 603Chapter 179, sec. 2, page 605Chapter 179, sec. 3, page 608Chapter 179, sec. 4, page 610Chapter 179, sec. 5, page 612Chapter 179, sec. 6, page 614Chapter 179, sec. 7, page 615Chapter 179, sec. 8, page 618Chapter 179, sec. 9, page 619Chapter 179, sec. 10, page 620Chapter 179, sec. 11, page 621Chapter 179, sec. 12, page 621Chapter 179, sec. 13, page 622Chapter 179, sec. 14, page 623Chapter 179, sec. 15, page 624Chapter 179, sec. 16, page 624Chapter 179, sec. 19, page 627

AMENDMENTS, LAWS 1915.

Laws 1921Ch. Sec. Page

.................. am ended 165 1 656

................... amended 180 1 710

.................. amended 180 2 711

.................. amended 63 1 183

................... am ended 63 3 192

................... am ended 180 3 712

.................. amended 180 4 712

................... am ended 180 5 713

.................. amended 180 6 713................... am ended 180 7 714,................... am ended 180 8 714................... repealed 180 9 715...................... added 63 2 188................... amended 176 1 682................... am ended 41 8 146................... amended 158 1 633................... am ended 40 1 140................... amended 146 4 552

..............repealed 96 49 251.................. amended 55 1 169................... repealed 37 19 136................... repealed 37 19 136................... repealed 37 19 136................... repealed 37 19 136................... repealed 37 19 136................... am ended* 34 1 118................... am ended 141 1 507................... am ended 141 2 509................... amended 141 3 512................... am ended 141 4 513................... am ended 141 5 515.................. amended 141 6 519................... am ended 141 7 521................... amended 141 8 523.................. amended 141 9 523................... amended 141 10 525................... am ended 141 11 526.................. amended 141 12 526................... amended 128 1 420................ superseded 156 1 607................... am ended 156 2 617................... am ended 156 3 618................... amended 156 4 620................. re-enacted 59 1 175................... amended 129 1 420.................. amended 129 4 430.................. amended 129 5 432.................. amended 129 6 435.................. amended 129 7 438................... amended 129 8 439................... amended 129 9 443.................. amended 129 10 444.................. amended 129 11 445................... amended 129 13 447................... amended 129 14 448.................. amended 129 15 450................... amended 129 16 451.................. amended 129 17 453................... amended 129 21 458.................. amended 129 24 . 462

(769)

AMENDMENTS, LAWS 1915

AMENDMENTS, LAWS 1915-CoNTNUED.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 179, sec.Chapter 188, sec.Chapter 189, sec.Chapter 189, sec.Chapter 189, sec.Chapter 189, sec.Chapter 189, sec.Chapter 189, sec.

20, page 62821, page 62823, page 62924, page 63025, page 63126, page 63127, page 63229, page 633

6, page 6891, page 6912, page 6913, page 692

3b, page....3a, page ...4, page 693

AMENDMENTS, LAWS 1917:Chapter 10, sec. 12, page 36Chapter 19, sec. 14, page 61Chapter 20, sec. .. , page 63Chapter 28, sec. 3, page 83Chapter 38, sec. 1, page 186Chapter 38, sec. 6, page 188Chapter 38, sec. 7, page 188Chapter 38, sec. 9, page 189Chapter 38, sec. 10, page 189Chapter 38, sec 17, page 191Chapter 38, sec 22, pageChapter 38, sec 23, page ...

Chapter 38, sec 24, pageChapter 41, sec 1, page 194Chapter 61, sec 1, page 219Chapter 72, sec 6, page 243Chapter 72, sec 17, page 251Chapter 72, sec 19, page 252Chapter 80, sec 8, page 273Chapter 80, sec 24, page 2 1Chapter 81, sec 2, page 309Chapter 81, sec 4, page 310Chapter 81, sec 8, page 312Chapter 81, sec 9, page 314Chapter 81, sec 11, page 316Chapter 81, see 12, page 318Chapter 81, sec 13, page 318Chapter 81, sec 14, page 319Chapter 81, sec 15, page 319Chapter 81, see 17, page 321Chapter 81, see 19, page 322Chapter 105, sec 2, page 349Chapter 105, sec 4, page 351Chapter 105, sec ., page ...

Chapter 107, sec. 4, page 355Chapter 107, sec. 22, page 365Chapter 115, sec. 1-25, page 421Chapter 117, sec 23, page 458Chapter 117, sec 41, page 466Chapter 117, sec. pageChapter 118, sec 1, page 468Chapter 120, sec 1, page 474Chapter 125, sec. 1, page 498

Ch................... amended 129.................. am ended 129

...... ..amended 129

.....amended 129.................. am ended 129.................. am ended 129

......amended 129.................. am ended 129.................. am ended 182.................. am ended 143.................. am ended 143.................. am ended 143..................... added 143..................... added 143

..........amended 143

.................. am ended 8G

.................. am ended 122................... repealed 46.................. am ended 182.................. am ended 120.................. am ended 120

.......amended 120.......amended 120......amended 120.......amended 120

.........added 120

.........added 120

.......added 120.................. am ended 20................ supersedes 99.................. amended 159.................. am ended 159.................. am ended 159.................. am ended 73.................. am ended 94.................. am ended 97.................. am ended 97.................. am ended 97.................. am ended 97.................. am ended 97................... repealed 97.................. amended 97.................. amended 97.................. am ended 97.................. amended 97

.......amended 97

.......amended 64

.......amended 64.........added 64

.......amended 75

......amended 75.......repealed 126

..................... added 103

.................. amended 103

..................... added 103

.................. amended 95......amended 182

.amended 183

(770)

Laws 1921Sec. Page25 46332 47235 47339 47740 47741 47845 48246 483

8 7281 5292 5293 5305 5344 5336 535

227398152730380381381382382382382383383

86293635640642211245283284285285286291287289289290291196198198213214418303304305250720740


AMENDMENTS, LAWS 1917-CONTINChapter 130, sec. 12, page 521Chapter 130, sec.Chapter 143, sec.Chapter 146, sec.Chapter 156, sec.Chapter 159, sec.Chapter 162, sec.Chapter 162, sec.Chapter 162, sec.Chapter 162, sec.Chapter 162, sec.Chapter 164, sec.

15, page 5232, page 5881. page 593

163, page 6896, page 7162, page 7244, page 7295, page 7316, page 732

20, page 7427, page 767

UED: Ch................... amended 160.................. amended 160.............. .................. amended 123.................. am ended 51.................. am ended 93................... repealed 143................... amended 129.................. amended 129................... amended 129................... amended 129................... amended 129................... repealed 37

AMENDMENTS, LAWS 1919-Chapter 4, sec. 17, page 16 .................. amended 82Chapter 63, sec. 1, page 128 .................. .amended 139Chapter 63, sec. 2, page 129 .................. .amended 139Chapter 63, sec. 3, page 129 .................. .amended 139Chapter 63, sec. 4, page 129 .................. .amended 139Chapter 63, sec. 5, page 130 ................... .repealed 139Chapter 73, sec. 1, page 149 .................. amended 95Chapter 77, sec 1, page 154 .................. amended 188Chapter 83, sec. 1, page 191 .................. .amended 41Chapter 83, sec. 5, page 192 .................. amended 41Chapter 83, sec. 6, page 193 .................. amended 41Chapter 83, sec. 7, page 194 .................. .amended 41

Chapter 90, sec. 12, page 216 .................. amended 147Chapter 97, sec. 1, page 232 .................. amended 148Chapter 97, sec. 2, page 232 .................. amended 148Chapter 100, sec. 1-7, page 243 .................. repealed 126Chapter 129, sec. 2, page 301 .................. amended 182Chapter 129, sec. 5, page 505 .................. amended 182Chapter 130, sec. 51, page 328 ................... .repealed 182Chapter 130, sec. 53, page 329 ................... repealed 182Chapter 130, sec. 54. page 330 ................... repealed 182Chapter 130, sec. -55, page 330 ................... repealed 182Chapter, 130, sec. 62, page 334 .................. amended 182Chapter 130, sec. 63, page 334 .................. amended 182Chapter 130, sec. 64, page 335 .................. .amended 182Chapter 141, sec. 1, page 391 .................. .amended 25Chapter 154, sec. ., page 432 ................... repealed 129Chapter 155, sec. 1, page 434 .................. amended 152Chapter 155, sec. 2, page 435 .................. amended 152Chapter 155, sec. 3, page 435 .................. amended 152Chapter 180, sec. 2, page 530 .................. amended 129Chapter 180, sec. 16, page 548 .................. amended 129Chapter 180, sec. 17, page 549 .................. amended 129Chapter 183, sec. 5, page 558 .................. .amended 153Chapter 183, sec. 7, page 559 .................. amended 153Chapter 183, sec. 9, page 561 .................. amended 153Chapter 183, sec. 10, page 561 .................. amended 153Chapter 183, see. 13, page 562 .................. .amended 153Chapter 183, sec. 14, page 563 .................. amended 153Chapter 183, sec. 16, page 563 .................. amended 153Chapter 188, sec. 4, page 5S5 .................. amended 90Chapter 189, sec. 4, page 590 .................. .amended 145Chapter 189, sec. 8, page 592 .................. .amended 145Chapter 189, sec. 12, page 593 .................. amended 144Chapter 189, sec. 13, page 595 .................. .amended 74Chapter 189, sec. 16, page 597 .................. amended 145

(771)

Laws 1921Sec. Page

1 64621117

262829304719

647400160243536466469470471483120

224499499500500501248753141143144145554556557418733735740740740740738739739

91484569569570425468471573574575575576577577236540541536212542


Laws 1921AMENDMENTS, LAWS 1919-CONTINUED: CIh. Sec. Page

Chapter 189, sec. 22, page 600 .................. amended 145 4 543Chapter 189, sec. 24, page 601 .................. amended 145 5 544.Chapter 189, sec. 25, page 601 .................. amended 145 6 545Chapter 189, sec. 29, page 603 .................. amended 145 7 546Chapter 192, sec. 19, page 628 .................. amended 104 1 306Chapter 192, see. 30, page 632 ................... repealed 104 2 306Chapter 192, sec. 41, page 635 .................. amended 104 3 306Chapter 192, sec. 63, page 642 .................. amended 104 5 307Chapter 195, sec. 4, page 667 .................. amended 141 10 525Chapter 200, sec. 1, page 690 ................ superseded 156 1 607Chapter 200, sec. 2, page 699 .................. amended 156 2 617Chapter 200, sec. 3, page 700 .................. amended 156 4 620

REM. '15 CODE:Section 42-1 ................................... am ended 42 1 147Section 119-126 .................................. repealed 126 23 418Section 431 ..................................... repealed 65 4 199Section 865-4 ................................... am ended 183 1 740Section 982 ...................................... am ended 109 1 331Section 982-1 ....................................... added 109 1 331Section 988 ...................................... am ended 109 2 332Section 988-1 ........................................ added 109 2 332Section 991-992-993 ............................. .repealed 109 5 335Section 995 ...................................... am ended 109 3 333Section 1987-2 .................................... am ended 135 1 491Section 1987-3 ................................... am ended 43 1 148Section 2280 ...................................... amended 69 1 204Section 2462 ...................................... repealed 168 3 662Section 2710 ..................................... repealed 168 3 662Section 3082-1 .................................... amended 141 1 507Section 3082-2 ................................... amended 141 2 509Section 3082-3 ................................... amended 141 3 512Section 3082-5 ................................... amended 141 4 513Section 3082-14 .................................. amended 141 5 515Section 3082-16 .................................. amended 141 6 519Section 3082-17 .................................. amended 141 7 521Section 3082-18 .................................. amended 141 8 523Section 3082-27 .................................. amended 141 9 523Section 3082-29 .................................. amended 141 10 525Section 3082-30 .................................. amended 141 11 52GSection 3082-31 .................................. amended 141 12 526Section 3345-11 ................................. superseded 156 1 607Section 3345-17 .................................. amended 156 2 617Section 3345-18 .................................. amended 156 3 618Section 3345-25 ................................... amended 156 4 620Section 4091 ..................................... amended 146 1 548Section 4092 ...................................... am ended 146 2 549Section 4093 ..................................... amended 146 3 550Section 4096 ...................................... am ended 146 4 552Section 4102 ...................................... am ended 146 5 553Section 4123 ...................................... am ended 87 1 231Section 4144 ...................................... am ended 52 1 161Section 4226-1 ................................... amended 160 1 646Section 4226-4 ................................... amended 160 2 647Section 4226-20 .................................. amended 157 4 627Section 4226-22 .................................. amended 157 5 629Section 4226-38 ................................... amended 157 6 630Section 4373 ...................................... amended 136 1 492Section 4424 ...................................... amended 101 1 297Section 4484 ...................................... amended 44 1 150

(772)

REM. '15 CODE.

Laws 1921REM. '15 CODE-CONTINrED: Ch. Sec. Page

Section 4509 ...................................... amended 175 1 679Section 4607 ...................................... am ended 147 1 554Section 4610 ..................................... amended 147 2 555Section 4826 ..................................... amended 176 1 682Section 4842 ..................................... amended 116 1 373Section 4898-1 ................................... amended 143 1 529Section 4898-2 .................................... amended 143 2 529Section 4898-3 .................................... amended 143 3 530Section 4898-4 .................................... amended 143 6 535Section 4976-3 .................................... amended 20 1 86Section 5013-1 ................................... amended 165 1 656Section 5028-1 .................................... amended 40 1 140Section 5049-4 .................................... amended 142 1 528Section 5049-7 .................................... amended 139 1 499Section 5049-8 .................................... amended 139 2 499Section 5049-9 .................................... amended 139 3 500Section 5049-10 ................................... amended 139 4 500Section 5049-11 ................................... repealed 139 7 501Section 5131 ...................................... amended 127 1 418Section 5150-43 ................................... amended 180 1 710Section 5150-48 ................................... amended 180 2 711Section 5150-51 ................................... amended 63 1 183Section 5150-51a .................................... added 63 2 188Section 5150-52 ................................... amended 63 3 192Section 5150-58 ................................... amended 180 3 712Section 5150-65 ................................... amended 180 4 712Section 5150-73 .................................. amended 180 5 713Section 5150-82 ................................... amended 180 6 713Section 5150-88 ................................... amended 180 7 714Section 5150-96 ................................... amended 180 S 714Section 5150-98 .................................. repealed 180 9 715Section 5277-5 .................................... amended 102 1 298Section 5277-8 .................................... amended 102 2 300Section 5277-11 ................................... amended 102 3 301Section 5347 ...................................... repealed 37 19 139Section 5351 ..................................... repealed 27 19 139Section 5395-2-1-4-8-25-27 ......................... repealed 37 19 139Section 5395-33-35-36-38-41-42 .................... repealed 37 19 139Section 5561-1 to '5561-3 .......................... repealed 96 49 251Section 5562-1 to 5562-36 ......................... repealed 96 49 251Section 5577 ...................................... amended 154 1 580Section 57.10 ...................................... amended 159 1 635Section 5742 ...................................... amended 159 2 637Section 5760 ..................................... am ended 159 4 639Section 5761 ...................................... am ended 159 5 640Section 5763 ...................................... am ended 159 6 642Section 5872 ...................................... amended 32 1 116Section 5878-2e ................................... amended 34 1 118Section 5878-7 .................................... amended 35 1 118Section 5879-14 ................................... amended 95 1 248Section 5953-2 ................................... am ended 158 1 633Section 5980-13 (Cf.) ............................ amended 74 1 212Section 6051 to 6058 ............................. repealed 173 16 674Section 6059-23 ..................................... added 112 1 344Section 6059-23a .................................... added 112 2 346Section 6059-23b .................................... added 112 3 346Section 6059-23c .................................... added 112 4 347Section 6059-22d .................................... added 112 5 348Section 6059-23e .................................... added 112 6 348Section 6059-23f .................................... added 112 7 349

(773)

REM. '15 CODE.

Laws 1921REM. '15 CODE-CONTINUED: Ch. Sec. Page

Section 6059-23g .............................. :.....added 112 8 349Section 6059-23h .................................... added 112 9 349Section 1059-23i .................................... added 112 10 350Section 6059-23j .................................... added 112 11 350Section 6059?23k .................................... added 112 12 351Section 6069-231 .................................... added 112 13 352Section 6059-23m ................................... added 112 14 352Section 6059-23n ..................................... added 112 15 353Section 6059-187 .................................. amended 31 1 102Section 6059-188................................repealed 31 2 115Section 6059-189...................................repealed 31 2 115Section 6059-235a...................................added 62 1 182Section 6262-31 .................................. amended 122 1 398Section 6417 ...................................... amended 129 1 422Section 6417-1 ................................... amended 129 2 425Section 6418 ...................................... amended 129 3 428Section 6419 ..................................... amended 129 4 430Section 6426 ...................................... amended 129 5 432Section 6427 ...................................... amended 129 6 435Section 6428 ..................................... amended 129 7 438Section 6430 ..................................... amended 129 8 439Section 6431 ..................................... amended 129 9 443Section 6432 ...................................... amended 129 10 444Section 6433 ..................................... amended 129 11 445Section 6435 ...................................... amended 129 12 447Section 6436 ..................................... amended 129 13 447Section 6437 ...................................... amended 129 14 448Section 6438 ...................................... amended 129 15 450Section 6439 ..................................... amended 129 16 451Section 6440 ...................................... amended 129 17 453Section 6441 ...................................... amended 129 18 455Section 6442 ...................................... amended 129 19 455Section 6443 ...................................... amended 129 20 458Section 6444 ...... amended 129 21 458Section 6449 ...................................... amended 129 22 460Section 6451 ...................................... amended 129 23 460Section 6456 ...................................... amended 129 24 462Section 6457 ...................................... amended 129 25 463Section 6457-2 ................................... amended 129 26 466Section 6457-3 ................................... amended 129 27 468Section 6457-4 ................................... amended 129 28 469Section 6457-5 .................................. amended 129 29 470Section 6457-6 ................................... amended 129 30 471Section 6457-7 ..................................... amended 129 31 471Section 6462 ...................................... amended 129 32 472Section 6464 ...................................... amended 129 33 472Section 6471 ...................................... amended 129 34 473Section 6475 ...................................... amended 129 35 473Section 6476 ...................................... amended 129 36 474Section 6477 ...................................... amended 129 37 475Section 6478 ...................................... amended 129 38 476Section 6479 ...................................... amended 129 39 477Section 6480 ...................................... amended 129 40 477Section 6480 ..................................... amended 129 41 478Section 6482 ...................................... amended 129 42 479Section 6483 ...................................... amended 129 43 481Section 6488 ...................................... amended 129 44 481Section 6489 ...................................... amended 129 45 482Section 6604-2...................................amended 182 1 719Section 6604-3....................................amended 182 2 720

(774)

PIERCE'S CODE.

REM. '15 CODE-CONTINUED: Ch.Section 6604-4a ..................................... added 182Section 6604-4b ..................................... added 182Section 6604-10 ................................... amended 182Section 6604-12 ................................... amended 182Section 6604-17 .................................. amended 182Section 6604-24 ................................... amended 182Section 6604-33 ................................... amended 182Section 6604-35 ................................... amended 182Section 6604-45 ................................... am ended 182Section 6604-95a ..................................... added 182Section 6604-96 .................................. repealed 182Section 6604-98 .................................. repealed 182Section 6604-99 ................................... repealed 182Section 6604-100 .................................. repealed 182Section 6604-108 .................................. amended 182Section 6604-109 .................................. amended 182Section 6604-147 .................................. amended 182Section 6794 ..................................... amended 152Section 6797 ....................................... amended 152Section 6831 ..................................... amended 55Section 6848 ..................................... amended 148Section 6849 .............. . amended 148Section 7226 ..................................... amended 75Section 7743 ..................................... amended 24Section 7748 ..................................... amended 70Section 7892-11 .................................. amended 128Section 7892-24 .................................. amended 92Section 8165-15 ..................................... added 39Section 8165-16 .......................... .......... .. added 39Section 8165-17 ...................................... added 39Section 8165-18 ..................................... added 39Section 8165-19 .................................... added 39Section 8626-74a ................................ re-enacted 59Section 8733-4 ................................... amended 138Section 8733-6 ................................... amended 138Section 8775 ..................................... repealed 50Section 8776 ..................................... repealed 50Section 8914 .................................... amended 41Section 8915 ...................................... amended 41Section 8916 ..................................... amended 41Section 8917 ..................................... amended 41Section 8918 ..................................... amended 41Section 8919 ....... ..................... ....... amended 41Section 8920 ............................. ....... amended 41Section 8929 ...................................... am ended 41Section 8989 ...................................... am ended 28Section 9035 ..................................... amended 119Section 9052 ..................................... amended 188Section 9132 ..................................... amended 60Section 9182 ..................................... amended 51Section 9223-1.....................................amended 117

PIERCE'S CODE:Section 94-4.....................................amended 90Section 103.....................................amended 153Section 105.......................................amended 153Section 107.......................................amended 153Section 108.......................................amended 153Section ill.......................................amended 153Section 112.......................................amended 153

(775)

Laws 1921Sec. Page

3 7244 7246 7267 7278 - 7289 730

10 73011 73312 73513 73717 74017 74017 74017 74015 73916 73914 738

1. 5692 5691 1691 5562 5573 2151 911 2051 4201 2411 1382 1383 1394 1395 1391 1751 4942 496

12 15912 159

1 1412 1423 1424 1435 1437 1458 1466 1441 981 3791 7531 1781 1601 377

1123456

236573574575575576577

PIERCE'S CODE.

Laws 1921PIERCE'S CODE-CONTINUED: Ch. Sec. Page

Section 112b .................................... amended 153 7 577Section 135-136 ................................. repealed 50 12 159Section 151-174 ................................. repealed 126 23 418Section 177-178 ................................. repealed 126 23 418Section 188-191 ................................. repealed 126 23 418Section 196-213 ................................. repealed 96 49 251Section 214-234 .................................. repealed 96 49 251Section 258 ...................................... amended 73 1 211Sec.tion 274 ...................................... am ended 94 1 245Section 334 ...................................... am ended 97 1 283Section 336 ...................................... am ended 97 2 284Section 340 ...................................... am ended 97 3 285Section 341 ...................................... am ended 97 4 285Section 343 ...................................... amended 97 5 286Section 344 ..................................... repealed 97 11 291Section 345 ...................................... amended 97 6 287Section 346 ...................................... amended 97 7 289Section 347 ..................................... amended 97 8 289Section 349 ..................................... amended 97 9 290Section 351 ..................................... amended 97 10 291Section 365 ................................... superseded 156 1 607Section 365 to 365-17 .............................. added 156 1 607Section 371 ..................................... amended 156 2 617Section 372 ..................................... amended 156 3 618Section 379 ..................................... amended 156 4 620Section 594 ..................................... amended 135 1 491Section 595 ..................................... amended 43 1 148Section 616 ...................................... amended 120 1 380Section 619 ...................................... amended 120 2 380Section 621 ..................................... amended 120 3 381Section 622 ....................................... amended 120 4 381Section 624 ...................................... am ended 120 5 382Section 625 ...................................... amended 120 6 382Section 632 ...................................... am ended 120 7 382Section 626-1 ....................................... added 120 8 382Section 636-2 ....................................... added 120 9 383Section 636-3 ....................................... added 120 10 388Section 848 ...................................... amended 24 1 91Section 853 ...................................... amended 70 1 205Section 958 ...................................... am ended 127 1 418Section 1000 ...................................... am ended 128 1 420Section 1012 ...................................... am ended 92 1 241Section 1682 ..................................... am ended 100 1 296Section 1684 ...................................... am ended 132 1 488Section 1855-19 ................................... amended 104 1 306Section 1855-30 .................................. repealed 104 2 306Section 1855-41 ................................... amended 104 3 306Section 1855-63 ................................... am ended 104 5 307Section 1945-57 ................................... am ended 160 1 646Section 1945-60 .................................. am ended 160 2 647Section 1945-76 ................................... amended 157 4 627Section 1945-77a .................................. amended 157 5 629Section 1945-94 .................................. am ended 157 6 630Section 1946-1 ................................... amended 146 1 548Section 1946-2 ........... *.........................am ended 146 2 549Section 1946-3 .................................... am ended 146 3 550Section 1946-6 ................................... am ended 146 4 552Section 1946-21 .................................. am ended 146 5 553Section 1946-43 ................................... amended 87 1 231Section 1947-6.....................................amended 52 1 161

(776)

PIERCE'S CODE.

Laws 1921PIERCE'S CODE-CONTINUED: Ch. Sec. Pag

Section 2087 ..................................... amended 143 1 529Section 2088 ..................................... amended 143 2 529Section 2089 ..................................... .amended 143 3 530Section 2089-1 ..................................... .added 143 4 533Section 2089-2 ...................................... added 143 5 534Section 2090 ..................................... amended 143 - 6 535Section 2092 ...................................... repealed 143 7 536Section 2162 ..................................... amended 178 1 700Section 2163 ..................................... amended 178 2 701Section 2166 ..................................... amended 178 2 701Section 2212 ..................................... amended 178 7 705Section 2212 ..................................... amended 178 8 705Section 2226 .................................... amended 176 15 690Section 2228 ..................................... amended 176 14 690Section 2230 .................................... amended 178 4 702Section 2234 ..................................... amended 177 1 692Section 2242 ..................................... amended 178 5 702Section 2243 ................................... :.amended 176 1 682Section 2243-1 to 2243-12 ........................... added 176 2-13 684-689Section 2243-13 ..................................... added 176 16 692Section 2259 ..................................... am ended 116 1 373Section 2323 ..................................... amended 177 2 693Section 2324 ..................................... amended 177 3 693Section 2325 ..................................... amended 177 4 694Section 2327 ..................................... am ended 177 5 695Section 2329 ..................................... amended 177 6 696Section 2330 ..................................... amended 177 698Section 2409 ..................................... amended 165 1 656Section 2452 ...................................... am ended 180 1 710Section 2457 ...................................... amended 180 2 711Section 2460 ...................................... amended 63 1 183Section 2461 ........................................ added 63 2 188Section 2467 ..................................... amended 180 3 712Section 2474 ...................................... amended 180 4 712Section 2482 ...................................... amended 180 5 713Section 2491 ..................................... am ended 180 6 713Section 2497 ..................................... am ended 180 7 714Section 2505 ...................................... amended 180 8 714Section 2507 ..................................... repealed 180 9 715Section 2562 ..................................... am ended 102 1 298Section 2565 ...................................... amended 102 2 300Section 2568 ...................................... amended 102 3 301Section 5778-1 ...................................... added 102 4 302Section 2580 ..................................... amended 64 1 196Section 2582 ..................................... am ended 64 2 198Section 2585a ....................................... added 64 3 198Section 2587 ..................................... repealed 37 19 120Section 2589 ..................................... repealed 37 19 120Section 2593 ......... ........................... repealed 37 19 120Section 2610 ...................................... repealed 37 19 120Section 2612 ..................................... repealed 37 19 120Section 2618 ..................................... repealed 37 19 120Section 2619 ..................................... repealed 37 19 120Section 2621 ..................................... repealed 37 19 120Section 2622 ..................................... repealed 37 19 120Section 2624 ..................................... repealed 37 19 120Section 2627 ..................................... repealed 37 19 120Section 2628 ..................................... repealed 37 19 120Section 2641-23 .................................. repealed 37 19 120Section 2641-27....................................repealed 37 19 120

(777)

PIERCE'S CODE.

PIERCE'S CODE-CONTINUED:Section 2645 ...................................... am endedSection 2649 ...................................... am endedSection 2653 ...................................... am endedSection 2654 ...................................... am endedSection 2657 ...................................... am endedSection 2663 ...................................... am endedSection 2665 ...................................... am endedSection 2666 ...................................... am endedSection 2670 ..................................... am endedSection 2707 ...................................... am endedSection 2708 ...................................... am endedSection 2709 ...................................... am endedSection 2711- ...................................... amendedSection 2720 ...................................... am endedSection 2722 ...................................... am endedSection 2723 ...................................... am endedSection 2724 ...................................... am endedSection 2733 ...................................... amendedSection 2735 ...................................... am endedSection 2736 ...................................... am endedSection 2737 ...................................... am endedSection 2871 to 2876 ............................. repealedSection 2878-28719 ................................. repealedSection 2852 ...................................... amendedSection 2930 ........................................ addedSection 2930-1 to 2930-14 ........................... addedSection 3117-1 ...................................... addedSection 3131 ..................................... amendedSection 3132-3133 ................................ repealedSection 3193 ...................................... am endedSection 3198 ..................................... amendedSection 3198a ..................................... amendedSection 3199 ..................................... amendedSection 3200 ..................................... amendedSection 3207 ..................................... amendedSection 3208 ..................................... amendedSection 3209 ..................................... amendedSection 3211 ..................................... amendedSection 3212 ...................................... amendedSection 3213 ..................................... amendedSection 3214 ...................................... amendedSection 3216 .................................. amendedSection 3217 ..................................... amendedSection 3218 ..................................... amendedSection 3219 ...................................... amendedSection 3220 ...................................... amendedSection 3221 ...................................... amendedSection 3222 ..................................... amendedSection 3223 ..................................... amendedSection 3225 ..................................... amendedSection 3226 ..................................... amendedSection 3229 ..................................... amendedSection 3231 ...................................... amendedSection 3236 ...................................... amendedSection 3237 ...................................... am endedSection 3239 ..................................... amendedSection 3240 ..................................... amendedSection 3241 ...................................... amendedSection 3242 ...................................... amendedSection 3243 ..................................... amended

(778)

Laws 1921* Sec. Page

1 5402 5411 5361 2123 5424 5435 5446 5457 5461 5072 5093 5124 5135 5156 5197 5218 5239 523

10 52511 52612 52616 67416 674

1 6331 344

2-15 346-3531 * 1821 1022 1151 3981 4222 4253 4284 4305 4326 4357 4388 4399 443

10 44411 44512 44713 44714 44815 45016 45117 45318 45519 45520 45821 45822 46023 46024 46225 46326 46627 46828 46929 47030 471

PIERCE'S CODE.

Laws 1921PIERCE'S CODE-CONTINUED: Ch. Sec. Page

Section 3243w . .................................... amended 129 31 471Section 3245 ..................................... amended 129 32 472Section 3247 ...................................... amended 129 33 472Section 3254 ..................................... amended 129 34 473Section 3257 ..................................... amended 129 35 473Section 3258 ...................................... amended 129 36 474Section 3259 ..................................... amended 129 37 475Section 3260 ..................................... amended 129 38 476Section 3261 ..................................... amended 129 39 477Section 3262 ..................................... amended 129 40 477Section 3263 ..................................... amended 129 41 478Section 3264 ..................................... amended 129 42 479Section 3265 ...................................... amended 129 43 481Section 3268 ..................................... amended 129 44 481Section 3269 ..................................... amended 129 45 482Section 3271 ..................................... am ended 129 46 483Section 3273 .................................... amended 129 47 483Section 3399 to 3403 .............................. repealed 129 48 484Section 3450 ...................................... amended 20 1 102Section 3469 ..................................... amended 152 1 719Section 3470 ..................................... amended 182 2 720Section 3471-1 ....................................... added 182 3 724Section 3471-2 ....................................... added 182 4 724Section 3478 ...................................... amended 182 6 726Section 3480 ..................................... amended 182 7 727Section 3485 ..................................... amended 182 8 728Section 3493 ...................................... amended 182 9 730Section 3501 ..................................... amended 182 10 730Section 3503 ..................................... amended 182 11 733Section 3513 ...... .............................. amended 182 12 735Section 3515-48a .................................... added 182 13 737Section 3515-49 ................................... repealed 182 17 740Section 3515-51 to 3515-53 ....................... repealed 182 17 740Section 3515-60 ................................... amended 182 14 738Section 3515-61 ................................... amended 182 15 739Section 3515-62 .................................. amended 182 16 739Section 3765-4 .................................... amended 75 1 213Section 3765-22 ................................... amended 75 2 214Section 3765-52 .................................. amended 75 3 215Section 4066 to 4071 ............................. repealed 46 1 152Section 4306-16 ................................... amended 82 1 224Section 4475 ..................................... am ended 183 1 740Section 4476 ..................................... am ended 179 1 706Section 4483 ..................................... amended 179 2 709Section 4484 ..................................... amended 179 3 709Section 4485-15 to 4485-19 .......................... added 39 1 to 5 138Section 4745 ...................................... amended 85 1 227Section 4754a .................................... am ended 142 1 528Section 4769 ..................................... amended 139 1 499Section 4770 ..................................... am ended 139 2 499Section 4771 ...................................... am ended 139 3 500Section 4772 ..................................... am ended 139 4 500Section 4772 ...................................... repealed 139 7 501Section 4833 ...................................... am ended 136 1 492Section 4907 ..................................... am ended 101 1 297Section 4982 ...................................... am ended 44 1 150Section 5007 ..................................... am ended 175 1 679Section 5110 ...................................... am ended 147 1 554Section 5116 ...................................... am ended 147 2 555Section 5401 ...................................... am ended 123 1 400Section 5601-1 ................................... repealed 59 1 175

(779)

* PIERCE'S CODE.

Laws 1921PIERCE'S CODE-CONTINUED: Ci. Sec. Page

Section 5641 ...................................... amended 188 1 494Section 5643 ..................................... amended 138 2 496Section 5973 ....... amended 154 1 580Section 6060g to 6060i ............................ repealed 96 49 251Section 6092 ...................................... amended 159 1 635Section 6094 ..................................... amended 159 2 637Section 6105 ..................................... amended 159 4 639Section 6106 ..................................... amended 159 5 640Section 6108 ..................................... amended 159 6 642Section 6110b ....................................... added 159 8 643Section 6110c ....................................... added 159 9 644Section 6110d ....................................... added 159 10 645Section 6610e ....................................... added 159 11 645Section 6171 ...................................... am ended 95 1 248Section 6246 ...................................... am ended 41 1 141Section 6247 ...................................... amended 41 8 146Section 6248 ...................................... amended 41 2 142Stction 6249 ...................................... amended 41 3 142Section 6250 ...................................... am ended 41 4 143Section 6251 ..................................... amended 41 5 143Section 6252 ...................................... amended 41 6 144Section 6253 ..................................... amended 41 7 145Section 6394 ..................................... amended 55 1 169Section 6448 ..................................... amended 40 1 140Section 6449 ..................................... amended 152 1 569Section 6502 ..................................... amended 152 2 569Section 6502b .................................... amended 152 3 570Section 6502c ....................................... added 152 4 572Section 6576 ..................................... amended 119 1 379Section 6653 ..................................... amended 28 1 98Section 6786 ..................................... amended 32 1 116Section 6796 ...................................... amended 95 2 250Section 6823 ..................................... amended 24 1 118Section 6830 ..................................... amended 35 1 118Section 6911 ..................................... amended 60 1 178Section 6959 ..................................... amended 117 1 377Section 7052 ...................................... amended 51 1 160Section 7225-1 ...................................... added 103 1 303Section 7233-a ...................................... added 103 3 305Section 7243 ...................................... amended 103 2 304Section, 7501 ..................................... am ended 109 1 331Section 7501a ....................................... added 109 1 331Section 7507 ...................................... amended 109 2 332Section 7507a ....................................... added 109 2 332Section 7511 ...................................... am ended 109 3 333Section 7511-1 to 7511-5 ............................ added 109 3 333Section 7514 to 7516 ............................. repealed 109 5 335Section 7686 ..................................... am ended 148 1 556Section 7687 .................................... amended 148 2 557Section 8081 ..................................... repealed 65 4 199Section 8153 ..................................... amended 26 1 92Section 8464 ................................... superseded 99 1 293Section 8577 ..................................... amended 188 1 753Section 8595 ..................................... amended 42 1 147Section 8642a .................................... amended 25 1 91Section 8715 ..................................... amended 69 1 204Section 9022 ..................................... repealed 168 3 662Section 9131-123 ................................. repealed 168 3 662Section 9727-1 to 3 ................................. added 166 1 to 3 657Section 9795......................................amended 93 1 243

(7801

GENERAL INDEX

ABANDONED: Ch.Highway, conveyance to Weyerhaeuser Timber Co ............ 91

to Ada Thorne and others.............................. 27

ABOLISHED:Offices, boards etc, (see ADMINISTRATIVE CODE) .......... 7

ABSENT VOTERS (see ELECTIONS) ......................... 143

ACCIDENT FUND, money due from, not subject to assignment.... 182

ACCOUNTANCY, state board of (see ADMINISTRATIVE CODE)

ACTIONS:Defense of state officers and employees .....................

ADJUTANT GENERAL (see MILITIA) ..........

79

75

ADMINISTRATIVE BOARD (see ADMINISTRATIVE CODE):Actions against state officers and employees, may authorize de-

fense at state expense.................................. 79

ADMINISTRATIVE CODE (for powers and duties of abolished andcreated offices, boards, etc, generally, see)............... 114(for salaries of compensation of officers and employeesgenerally, see)........................................ 49

ADMINISTRATIVE CODE:Abolished boards, commissions, offices, etc.

contracts of, to remain in effect.........................enum erated ...........................................

Accountancy, state board of,abolished ................................. ............powers and duties of, vested in director of licenses ........

Administrative board,m eetings of............................................personnel .............................................powers and duties of...................................rules and regulations governing .........................

Administrative committees,archives,

created ...........................................personnel .........................................powers and duties..................................

capitol,created ...........................................personnel .........................................powers and duties..................................

equalization,created ...........................................personnel .........................................powers and duties..................................

finance,created ...........................................personnel .........................................powers and duties..................................

(781)

7 126 657 135 68

7 135 687 96 51

15151515

131414

131414

131313

131313

Sec. Page1 2401 94

135 68

. 529

0 726

1 220

2 214

2 220

255

1 155


ADMINISTRATIVE CODE-CONTINUED:Administrative committees,

highways,created ...........................................personnel .........................................powers and duties..................................

law library,created ...........................................personnel .........................................powers and duties........................ ........secretary of, law librarian is ........................

library,created ...........................................personnel .........................................powers and duties..................................

parks,created ...........................................personnel .........................................powers and duties..................................

voting machine,created ...........................................personnel .........................................powers and duties..................................

Agricultural advisory board,abolished .............................................

Agricultural experiment station,director of,

powers and duties of, vested in director of agriculture.

Agriculture, Commissioner of,abolished .............................................

powers and duties of, vested in director of agriculture.....

Agriculture, department of, (see Departments, this title)

Appeals, (see under departmental headings, this title)

Architects' board of examiners,abolished .............................................powers and duties of, vested in director of licenses ........

Archives commission, public,abolished .............................................powers and duties of, vested in state archives committee...

Archives committee, state, (see Administrative committees, thistitle)

Attorney general,escheats, powers and duties relating to ...................inheritance tax, powers and duties relating to ............official bonds, to approve as to form .....................

Auditor, state, (see STATE AUDITOR)Bank commissioner,

abolished .............................................powers and duties of, vested in director of taxation and

exam ination .......................................Barbers' examining board,

abolished .............................................powers and duties of, vested in director of licenses ........

(782)

Ch.777

7777

777

.777

7177

Sec.477

Page1313

13

4 1312 1412 1412 14

4 1313 1513 15

41010

411

11

131414

13

1414

7 135 68

7 93 50

7 135 6889 47

7 91 4992 4993 50

7 135 687 96 51

77

777

135 689 14

120120

16

62-6217

7 135 68

7 53 33

7 135 687 96 51


ADMINISTRATIVE CODE-CONTINUED:Board of state land commissioners, Ch. Sec. Page

abolished ............................................. 7 135 68powers and duties of, vested in commissioner of public lands 7 119 61

Boards, state, (see specific heads, this title)abolished ............................................. 7 135 68powers and duties of, generally, vesting of................ 7 129 65

Bonds,official,

amounts of, fixed by administrative board............ .. 7 15 15approval of......................................... 7 16 17filing of........................................... 7 16 17officers and employees to furnish.................... 7 16 17

exceptions .................................... 7 15 15

Bureaus, state, (see specific heads, this title)abolished ............................................. 7 135 68powers and duties of, generally, vesting of................ 7 129 65

Capitol buildings and grounds, (see Capitol commission, thistitle)

superintendent of,abolished .......................................... 7 135 68powers and duties of, vested in director of business

control ....................................... 7 35 23

Capitol commission, stateabolished ............................................. 7 135 68powers and duties of, vested in state capitol committee..... 7 8 14

Chiropody, state board of,abolished ............................................ 7 135 68powers and duties of, vested in director of licenses........ .. 7 96 51

Chiropractic examiners, state board of,abolished ............................... 7 135 68powers and duties of, vested in director of licenses........ .. 7 96 51

Claim agqnt, state,abolished ............................................. 7 135 68

Classification,of officers and employes of state........................ 7 J 15 15

47 30Columbia basin survey commission,

abolished ............................................. 7 135 68powers and duties of, vested in director of conservation and

developm ent ....................................... 7 71 39

Commissioner of health,abolished ............................................. 7 135 68powers and duties of, vested in director of health.......... .. 7 59 35

Commissioner of Jabor,abolished ............................................. 7 135 68powers and duties of, vested in director .of labor and in-

dustries .......................................... 7 80 4381 44

Commissioner of public lands,powers and duties of .................................... 7 119 61

Commissions, state (see specific heads, this title)abolished ............................................. 7 135 68powers and duties, generally, vesting of.................. 7 129 65

Conservation and development, (see Departments, this title)

(783)


ADMINISTRATIVE CODE-CONTINUED:Contracts,

of abolished boards, commissions, etc., to remain in forceand effect.........................................

Control, state board of,abolished .............................................parole powers of, vested in parole board ..................powers and duties of, vested in director of business control,

exceptions ........................................

Crimes and punishment,Fisheries board,

rules and regulations of, violations..................of state officers and employees..........................transfer of powers and duties to different boards, commis-

sions, etc., does not relieve from .....................

Dairy and livestock, department of, (see Departments, this title)

Dental examiners, board of,abolished .............................................powers and duties of, vested in director of licenses........

Departments, state,abolished .............................................

agriculture, department of,agriculture, division of,

created .......................................powers and duties..............................

supervisor of,appointm ent ...............................created ...................................to appointment inspectors, etc..............

dairy and live stock, division of,created .......................................powers and duties..............................

supervisor of,appointm ent ...............................to appoint veterinarians, etc................

director of,appointm ent ...................................

chief assistant,may designate one assistant as..............powers and duties..........................

member, administrative board ...................oath of office, to take and file ...................powers and duties..............................

rules and regulations, may prescribe............ *.salary of......................................vacancy in office of............................

foods, feeds, drugs and oils, division of,created .......................................powers and duties ..............................supervisor of,

appointment .............................. to appoint clerical and other assistants .......

Ch.

7

Sec. Page

126 65

7 135 687 45 29

7 36 24

7 113 607 130 66

7 129 65

7 135 687 96 51

7 135 68

7 837 90

777

842

84

4648

461246

83 467 92 49

7 867 86

4747

3 12

77777

777

118118

1418

5 83891983

118

6161151746471846.61

7 83 467 93 50

Y 877 87

4747

(784)

ADIVINISTRATIVE CODE.

ADMINISTRATIVE CODE-CONTINUED:

Departments, state,agriculture, department of,

horticulture, division of, Ch. Sec. Pagecreated ....................................... 7 83 46

powers and duties .............................. 7 91 49

supervisor of,

appointment ............................... 7 85 46

to appoint inspectors, etc .................... 7 85 46

weights and measures, division of,created ....................................... 7 83 46

powers and duties .............................. 7 94 51

supervisor of,

appointment ............ .................. 7 88 47

to appoint sealers, testers, etc ............... 7 88 47

business control, department of,administration, division of,

created ................................... 7 29 21

chief assistant director,

appointment and duties ................. 7 g0 22

dietitian,

appointment, duties, qualifications. ... . . ... ... 7 32 22

director, of,

appointm ent .............................. 7 3 12

chief assistant,

appointment and duties ................. 7 3o 22

,member, administrative board. .. .. .. . ... .. ... 7 14 15

oath of office, to take and file. . . .. .. .. .. .... 7 18 L7

powers and duties,

generally .............. ............... 7 36 24

to deposit moneys with state treasurer .... 7 41 27

to dispose of useless personal property ... 7 4 2 27

' to install accounting system. ... . .. .. . .... 7 43 28

to make plans, programs, etc., for public

buildings and grounds. . . ... .. .. . .... 7 44 28

to obtain warehouse for supplies. .. ... . ... 7 38 26

salary of .................................. 7 29 21

farm management, division of,created ................................... 7 29 21

pow ers ................................... 7 39 26

supervisor of,

appointment, duties and qualifications .... 7 34 23

industrial management, division of,created ................................... 7 29 21

powers ................................... 7 40 27

supervisor of,

appointment, qualifications .............. 7 34 23

powers and duties ...................... 7 34 23

public buildings and grounds, division of,created ................................... 7 29 21powers and duties .......................... 7 44 28supervisor,

appointment, qualifications. . .. .. .. .. .. ..- 7 35 23powers and duties ...................... 7 35 23

. purchasing, division of,created ................................... 7 29 21powers and duties .......................... 7 37 25supervisor of,

appointment, qualifications .............. 7 ai 22powers and duties ...................... 7 31 22

(785)


ADMINISTRATIVE CODE-CONTINUED:Departments: state,

business control, department of,chief assistant directors,

appointm ent ..................................powers and duties..............................

chief executive officers,enum erated ...................................

conservation and development, department of,Columbia basin survey, division of,

created ...................................powers and duties..........................supervisor of,

appeals from decisions of ................appointm ent ...........................to appoint engineers, etc.................

director of,appointm ent ..............................chief assistant,

may designate a supervisor as ...........powers and duties......................

member, administrative board ...............oath of office, to take and file...............powers and duties..........................

salary of..................................vacancy in office of........................

forestry, division of,created ...................................powers and duties..........................supervisor of,

appeals from decisions of ................appointm ent ..........................to appoint rangers, wardens, etc.........

geology, division of,created ...................................powers and duties..........................supervisor of,

appointm ent ...........................salary of..............................to appoint field experts, surveyors ......

hearings,appeals from decisions......................holding of, when...........................

hydraulics, division of,created ...................................powers and duties of.......................supervisor of,

appointment of.........................to appoint engineers, etc.................

reclamation, division of,created ...................................powers and duties...........................supervisor of,

appeal from decision of .................appointm ent ..........................to appoint engineers, experts, etc.........

(786)

Ch.77

7

Sec. Page118 61118 61

3 12

7 617 71

777

7

77777

77

I

3639

73 4065 3865 38

3 12

118 61118 61

14 1518 1761 3668 3861 36

118 61

7 61 367 67 38

77.7

736262

403737

7 61 367 69 39

777

636363

373737

7 73 407 73 40

7 61 367 72 39

77

77

777

66 3866 38

61 3672 39

736464

403737


ADMINISTRATIVE CODE-CONTINUED:Departments, state,

directors of, (see under specific departments, this title)chief assistants to,

appointment ...............................powers and duties.........................

constitute administrative board.................enumerated ...................................oath of office, to take and file..................offices of, at state capital......................rules and regulations, may prescribe............salaries of, (see specific departments, this title)

when elective officer appointed as............

vacancy in office of...........................

efficiency, department of,created ........................................

director of,appointm ent ..............................powers and duties.........................

salary ....................................

employees, civil and criminal liability of ..............enumerated .......................................

fisheries and game, department of,created ........................................

director of,appointment ...............................qualifications .............................salary ...................................

fisheries board,created ....................................

personnel,appointment by governor................compensation ..........................qualifications ..........................

powers and duties..........................

rules and regulations,former laws are.......................publication of .........................

fisheries, division of,created ...................................powers and duties..........................

supervisor of,appointment ..........................qualifications .........................

game and game fish, division of,created ...................................powers and duties..........................

supervisor of,appointment ...........................qualifications ..........................

Ch. Sec. Page

77

77777

118 61118 61

14 152 12

18 1720 1819 18

7 18 17

7 118 61

7 2 12

7 3 127 5 46 29

47 30

7 46 29

7 130 667 2 12

7 2

777

12

3 12107 58107 58

7 107

7777

109109109110

7 1117 112

58

58585859

5959

7 107 587 116 60

7 114 607 114 * 60

7 1077 117

5861

7 115 607 115 60

(787)



health, department of, Ch. Sec. Pageboard of, state,

chairman, director of health shall be ......... .7 56 34created ................................... 7 56 34personnel,

appointment and qualifications.......... .. 7 56 34powers and duties.......................... 7 58 35secretary of................................ 7 57 35

director of,appointment .............................. 7 3 12chairman of institutional board of health

state board of health.................. 7 56 34powers and duties........................... 7 59 35qualifications ............................... 7 56 34salary .................................... 7 56 34to appoint registrar of vital statistics........ .. 7 57 35.

institutional board of,chairman, director of health shall be......... .. 7 60 35created ................................... 7 60 35personnel ................................. 7 60 35powers and duties ......................... 7 60 35

registrar of vital statistics,appointm ent .............................. 7 57 35

secretary, board of health................... . .7 57 35vital statistics,

registrar of, appointment.................... .. 7 57 35quarantine officers,

appointment ................................ 7 57 35labor and industries, department of,

created ....................................... 7 3 12director of,

appeal from decisions of .................... . 7 79 42appointm ent .............................. 7 3 12chief assistant, may designate............... .. 7 118 61

powers and duties of .................... . 7 118 61member, administrative board............... .. 7 14 15oath of office, to take and file............... 7 15 17salary of.................................. 7 74 40

hearings,appeal from decisions....................... 7 79 42holding of, when........................... 7 79 42

industrial insurance, division of,created ................................... 7 74 40powers and duties.......................... 7 78 42supervisor of,

appeals from decisions of ............ .7 79 42appointm ent .......................... 7 75 41member, industrial welfare committee... 7 82 46

industrial relations, division of,created .. ................................. 7 74 40powers and duties......................... 7 81 41supervisor of,

appointment ........................... 7 77 41member, industrial welfare committee .... 7 82 46to appoint statistician.................. .7 77 41to appoint supervisor of women in industry 7 77 41

(788)



labor and industries, department of,industrial statistician,

appointm ent of.............................member industrial welfare committee ........

industrial welfare committee,created ...................................personnel .................................powers and duties..........................

safety, division of,created ...................................mine inspector, appointment.................mining board,

appointment of.........................powers and duties..........................supervisor of,

appointment of.........................appeals from decisions of................

statistician (see supra, industrial statistician),women in industry,

supervisor of,appointm ent ..........................executive secretary of industrial welfare

com m ittee ........................licenses, department of,

created .......................................director of,

appeal from decisions of .....................appointm ent ...............................member, administrative board ...............

powers and duties.........................

salary ....................................secretary and chief clerk,

appointm ent ...............................

power and duties..........................

offices of, to be at state capital ......................branches authorized ............................

officers of, civil and criminal liability ................powers and duties generally, vesting of ..............public works, department of,

created .......................................director of

appeals from decisions of ...................appointm ent ...............................chief assistant, may designate ..............member, administrative committee ..........oath of office, to take and file..............rules and regulations, may prescribe ........salary of ......................... .........traffic and rate expert, toappoint..........vacancy in office of ........................

(789)

Ch.77

777

77

Sec.7782

828282

7476

7 767 80

7 767 79

7

7

7

Page4146

464646

4041

4143

4142

77 41

82 46

3 12

7 1067 37 1495

9697

7 99

101103104

7 95

5712155151525254555551

7 95 51[100 53

7 1101 54[102 54

7 20 187 20 187 130 667 129 65

7

777777777

3 12

27 203 12

118 6114 1518 1719 1829 2121 18

118 61


ADMINISTRATIVE CODE-CONTINUED:Departments, state.

public works, department of, Ch. Sec. Parchearings, when and by whom held............... .. 7 27 20

appeals from decisions of ................... 7 27 20

highways, division of,created ................................... 7 21 18powers and duties ......................... 7 28 21

supervisor of,appointment of ........................ 7 24 19to appoint Chief clerk etc................. 7 .24 19

public utilities, division of,created ................................... 7 21 18powers and duties ......................... 7 28 21

supervisor of,appeals from decisions of .............. 7 27 20appointm ent ............................. 7 24 19to appoint chief clerk, etc.................. 7 24 19

traffic and rate expert,appointment of ........................... 7 21 18

transportation, division of,created ................................... 7 21 18

powers and duties..................... 7 26 20

supervisor of,appeals from decisions of .............. .7 27 20appointment ........................... 7 22 19to appoint inspectors, etc . .............. 7 22 19

rules and regulations, directors may prescribe,........... 7 20 18taxation, and examination, department of,

banking, division of,created ................................... 7 49 32powers and duties .......................... 7 54 34supervisor of,

appointment ........................... 7 51 32qualifications ......................... 7 51 32to appoint examiners, inspectors, etc... 7 51 32

director of,appointment .................................. 7 3 12chief assistant, may designate. . ............. 7 118 61member, administrative commitee .......... 7 14 15oath of office, to take and file................. 7 18 17salary .................................... 7 49 32vacancy in office of ......................... 7 118 61

municipal corporations, division of,created .................................... 7 49 32powers and duties ......................... 7 55 34supervisor of,

appointment .......................... 7 52 33to appoint inspectors, examiners, etc..... 7 52 33

taxation, division of,created ................................... 7 49 32powers and duties ......................... 7 53 33supervisor of,

appointment ............ .............. .. 7 50 32to appoint clerical and other assistants. . 7 50 32

(790)


ADMINISTRATIVE CODE-CONTINUED:Drugless examiners, state board of,

abolished ...............................................powers and duties of, vested in director of licenses .........

Embalmers' examining board,abolished .............................................powers and duties of, vested in director of licenses ........

Em ergency clause .........................................

Employees, state,civil and criminal liability under administrative code.....of abolished offices, commissions, etc., to continue .........

Equalization, state board of,abolished .............................................powers and duties of, vested in state equalization committee

Escheats,Attorney general, powers relating to ....................

Experiment station (see AGRICULTURAL EXPERIMENTSTATION.)

Farm marketing, director,abolished .............................................powers and duties of vested in director of agriculture.....

Fish commission, state,abolished .............................................powers and duties of, vested in director of fisheries and

gam e .............................................Fish commissioner, state,

abolished .............................................powers and duties of,

vested in director of fisheries and game ..............

vested in director of licenses ........................Forest commissioners, state board of,

abolished .............................................powers and duties of, vested in director of conservation

and developm ent ..................................Forester and fire warden, state,

abolished .............................................powers and duties of, vested in director of conservation

and developm ent ..................................Forestry, division of, (see department of conservation and de-

velopment, this title).Funds,

state institutional revolving ............................Finance Committee (see Administrative Committees, this title).Finance, state board of,

abolished .............................................powers and duties of, vested in finance committee ........

Foods, feed, drugs and oil (see division of under agriculturaldepartment, this title).

Game,Open season, director of conservation and development may

suspend ...........................................Game warden, chief,

abolished .............................................powers and duties of, vested in director of fisheries and

gam e .............................................

(791)

Ch.77

77

7

Sec. Paqe135 68

96 51

13596

138

6851

69

7 130 667 123 63

7 135 687 5 13

7 120 62

7 1357 90

7

7

135

116

6848

68

60

7 135 68

77-7

116 60117 61104 55

7 135 68

7 67 38

7

7

7

135 68

67 38

41 27

7 135 687 6 13

7 68 38

7 135 68

7 117 61


ADMINISTRATIVE CODE-CONTINUED:Geological survey, board of, Ch. Sec. Page

abolished ............................ I................. 7 135 68powers and duties of, vested in director of conservation

and development ................................... 69 39Geologist, state,

abolished ............................................. 7 135 68powers and duties of, vested in director of conservation

and development ................................... 7 69 39Geology, division of (see department of conservation and devel-

opment, this title).Governor,

open season for game, power to suspend vested in directorof conservation and development .................... . .7 68 38

departmental offices, may require location of at capital.. 7 134 68to appoint,

departmental directors ............................ 7 3 12state fisheries board ............................... 7 109 58

to determine transfer of records when office abolished. .. 7 122 62Health, (see department of, this title).Health, state board of, (see department of, this title.)

abolished ............................................. 7 135 68powers and duties of, vested in state board of health...... 7 58 35

Health, state commissioner of,abolished ............................................. 7 135 68powers and duties of, vested in director of health........ .. 7 59 35superintendent of registration,

powers and duties of, vested in director of health...... 7 59 35Hearings,

of departmental directors and divisional supervisors (seedepartmental headings, this title).

pending when offices, boards, etc., are abolished, to con-tinue ............................................. 7 124 64

Hotels, inspectors ofpowers and duties of, vested in director of labor and

Industries .. ........................................ 7 so 43Hop inspector,

abolished ............................................. 7 135 68Highway board, state,

abolished ............................................. 7 135 68powers and duties of, vested in state highway committee.. 7 7 13

Highway, commissioner,abolished ............................................. 7 185 68powers and duties of, vested in director of public works.. 7 28 21

Hydraulic engineer, state,abolished .............................................. 7 135 68powers and duties of, vested in director of conservation and

development ....................................... 7 72 39Hydraulics, division of, (see under departments, this title)Indebtedness,

beyond appropriation, when authorized.................. .. 7 15 15Industrial insurance commissioners,

powers and duties of, vested in director of labor and indus-tries ............................................. 7 78 42

Industrial insurance department,abolished ............................................. 7 135 68powers and duties of, vested in director of labor and

industries .......................................... 7 78 42

(792)


ADMINISTRATIVE CODE-CONTINUED:Industrial insurance divisidh (see department of labor and in-

dustries, this title).

Industrial Statistician,appointm ent ...........................................member, industrial welfare committee ....................

Industrial welfare commissionabolished ..............................................powers and duties of vested in Industrial welfare committee

Industrial welfare committee (see Department of labor and in-dustries, this title).

Inheritance tax,Attorney general, powers and duties relating to ..........

Inspection and examination,duty to submit to ....................................

Institutional board of health (see department of health, thistitle).

Invalidity of part of administrative code,not to effect rest of act ................................

Labor, bureau of,abolished .. ...........................................powers and duties of, vested in director of labor and in-

dustries ..........................................Labor, commissioner of

abolished .............................................powers and duties of, vested in director of labor and in-

dustries ..........................................Laws,

relating to fish and fishing,repealed ..........................................rules and regulations only ..........................

Library advisory board, stateabolished .............................................powers and duties of, vested in state library committee..

Library commission, state,abolished .............................................powers and duties of, vested in state library committee..

state law library committee ........................Licenses (see department of, this title).

applications for, to be filed ............................committee to hear complaints against holders of,

appointed by governor .............................com pensation to ...................................

defined ...............................................exam inations for ......................................fees for, payment of ...................................forms of, to be prescribed by director of licenses .........hearings against holders of ............................issue of ..............................................renewal of

fee for, paym ent...................................notice of date for..................................

revocation of ..........................................Litigation,

pending when administrative code takes effect, to continue..Log scalers, state,

abolished ............................................

(793)

Ch. Sec. Page

77

77 4182 46

7 1357 82

7 120

7 128

7 137

7 135

7 80

7 135

6846

62

65

69

68

43

68

7 81 44

7 1117 111

7 1357 13

1351312

777

7 100

103103

9899

10097

103101

102102103

7 132

7 135

5959

6815

681514

53

5555525253525554

545455

67

68


ADMINISTRATIVE CODE-CONTINUED:Mediator, state, Ch. Sec. Page

supervisor of industrial relations is ..................... .. 7 77 41

Medical aid boards, state,abolished ............................................. 7 135 68powers and duties of, vested in director of labor and in-

dustries .......................................... 7 78 42

Medical examiners, state board of,abolished ............................................. 7 135 68powers and duties of. vested in director of licenses........ .. 7 96 51

Mine inspector, state,powers and duties of, vested In director of labor and indus-

tries .............................................. 7 80 43

Mining board, state (see department of labor and industries,this title).

Mining examiners, state board of,abolished ............................................. 7 135 68powers and duties of, vested in director of licenses ........ .7 96 51

Newspapers,rules and regulations of fisheries board to be published in.. 7 112 59

Notices and reports,how served and made under administrative code........ 7 131 67

Nurses' examining board,abolished .............................................. 7 135 68powers and duties of, vested in director of licenses ......... .7 96 51

Open season,suspension of by director of conservation and development.. 7 68 38

Office and officers,abolished ............................................. 7 135 68

Optometry, state board,abolished ............................................. 7 135 68powers and duties of, vested in director of licenses........ .. 7 96 51

Osteopathic examiners, board of,abolished ............................................. 7 135 68powers and duties of, vested In director of licenses........ 7 96 51

Oyster commission, state,abolished ............................................. 7 135 68powers and duties of, vested in commissioner of public lands 7 119 61

Oaths,officers to take and file................................ 7 18 17

Obligations,-of abolished offices, boards, etc., to remain in force....... .. 7 126 6i

Office and officers,abolished,

contracts of, to remain in force .................... 7 126 65employees of. to continue .......................... 7 123 * 3hearings before, to continue ........................ 7 124 64notices required of, to be made by whom.............. .. 7 131 67orders, rules and regulations of, to continue........... .. 7 125 64powers and duties generally, vesting of ............ 7 129 65proceedings before, to continue ..................... .. 7 124 64reports required of, who to make.................... 7 127 65records, etc., of, transferred to whom................ 7 122 62

established as of April 1st, 1921 ........................ 7 17 17examination and inspection, to submit to................. 7 128 65liability of, civil and criminal .......................... 7 130 66

(794)


ADMINISTRATIVE CODE-CONTINUED:Offices and officers,

offices,departmental,

at state capital ...............................branch authorized, when .......................

officers,oath of office, to take and file.......................

vacations authorized ..................................

Parole board,appointm ent ...........................................powers and duties .....................................

Permit, to burn forest material.............................

Personal property of state,sold or exchanged, when useless .........................

Park commissioners, state board of,abolished ................ .............................powers and duties of, vested in state parks committee....

Parks committee, state (see Administrative Committees, thistitle.)

Pharmacy, state board of,abolished .............................................powers and duties of, vested in director of licenses ........

Prisons and reformatories,reformatory board of managers,

abolished ..........................................powers and duties of, vested in director or business con-

trol, exceptions ................................Proceedings,

af abolishing offices. etc., to be continued............ ...

Property, state,record to be kept by state auditor .......................

Publications,of rules and regulations of fisheries board ...............

Public archives commission (see archives commission, this title.)Public Lands (see commissioner of public lands, this title).

board of state land commissioners,powers and duties of, vested in commissioner of public

lands ........................................Public service commission,

abolished ........................ .....................powers and duties of, vested in, director of labor and in-

dustries .......................... ................director of agriculture ...........................

Reclamation, board of,abolished .............................................powers and duties of, vested in director of conservation and

development ......................................Reclamation, division of (see department of conservation and

development, this title).Registrar of vital statistics (see department of health, this

title).Repealing clause, administrative code .......................

Ch. Sec. Page

7 20 187 20 18

7 187 133

7 457 45

7 68

1767

2929

38

7 42 2747 80

7 1357 10

6814

7 135 687 96 51

104 55

7 135

7 36

68

24

7 124 6,132 67

7 121 62

7 112

1197

7 135

7 807 90

7 135

7 70

59

61

68

4348

68

39

7 136 69

(795)


ADMINISTRATIVE CODE-CONTINUED:Reports, Ch. Sec. Page

required of abolished offices, etc., who to make........... .. 7 127 65131 67

Rules and regulations,administrative board may prescribe .................... 7 14 15directors may prescribe for departments ................. .7 19 13laws relating to fish and fishing are ..................... . 7 111 59

Safety board, state,

abolished ............................................. 7 135 68powers and duties of, vested in director of labor and indus-

tries, exceptions .................................... 7 80 43

Safety, division of (see department of labor and industries,this title).

Salaries and compensation,of committee hearing charges against holder of license.... 7 103 55of director, of department

of agriculture ...... ............................... .7 83 46of business control................................. 7 29 21of conservation* and development .................... .7 61 36of efficiency ........................................ 7 46 29of fisheries and game ................................ 7 107 58of health .......................................... 7 56 34of labor and industries.............................. 7 74 40of license . ......................................... 7 95 51of public works ................................... . . 29 21of taxation and examination ....................... 7 49 32

of directors of departments when elective officer appointedas ............................................... 7 18 17

of employes of state,administrative board to. fix ......................... .. 7 15 15

of parole boards ....................................... 7 45 29of supervisor of geology ............................... 7 63 36

Seasons (see open seasons, this title).Secretary of state,

powers and duties of, vested in director of licenses........ .. 7 104 55Senate,

consent of, for appointment of departmental directors...... .7 3 12State archives committee (see administrative committees, this

title).State auditor,

powers and duties of,state property,

to keep record of............................... 7 121 62to charge depreciation in........................ 7 121 62

vested in director of efficiency......................... 7 47 30vested in director of licenses........................ 7 104 55

State board of control (see control, state board of, this title).State board of accountancy, (see accountancy, state board of,

this title).State board of equalization (see equalization, state board of,

this title).State loard of finance (see finance, state board of, this title).State board of park commissioners (see park commissioners,

state board of, this title).State board of voting machine examiners (see voting machine

examiners, this title).

(796)


ADMINISTRATIVE CODE-CONTINUED: h. Sec. PageState capitol commirsion (see capitol commission, state,

this title).

State capitol committee (see administrative committees, thistitle).

State equalization committee (see administrative committees,this title).

State finance committee (see administrative committees, thistitle).

State highway boaid (see highway board, state, this title)..

State highway committee (see administrative committees, thistitle).

State board of land commissioners (see public lands, this title).

State law library committee (see administrative committees,this title).

Statc library advisory board (see library advisory board, thistitle).

State library commission (see library commission, this title).

State library committee (see administrative committees, thistitle).

State parks committee (see administrative committees, thistitle).

State, secretary of (see Secretary of state, this title).State tax commissioner (see Tax commissioner, this title).State voting machine committee (see administrative committees,

this title).Superintendent of capitol buildings and grounds (see Capitol

buildings and grounds, this title).Statistician, industrial (see department of labor and indus-

tries, this title)Tax commissioner, state,

abolished ............................................. 7 135 68powers and duties of, vested in director of taxation and

examination, exceptions............................. 7 53 33Vacations,

for state employees................................... 7 133 67Veterinary medical examiners, state board of, abolished.......7 135 68Vital Etatistics (see department of health, this title).Voting machine committee (see administrative committees,

this title).Voting machine examiners, state, board of,

abolished ............................................. 7 135 OSpowers and dutles of, vested in state voting machine

com m ittee ......................................... 7 11 14Warden (see Game warden, this title).Washington agricultural experiment station (see Agriculture

Experiment station, this title).Weights and measures,

division of (see department of agriculture, this title).inspector of, powers and duties of, vested in director of

agriculture....................................... 7 94 51superintendent of, powers and duties of, vested in director

of agriculture..................................... .94 51Women in industry (see department of labor and industries,

this title).

(797)


ADMINISTRATIVE CODE-CONTINUED:Women's industrial home and clinic, Ch. Sec. Page

board of directors,powers and duties of, vested ir% director of business

control, exceptions ............................ 7 36 24Writ of review,

from superior court decisions on appeals from director oflicenses .......................................... 7 106 57

ADMINISTRATIVE COMMITTEES (see ADMINISTRATIVECODE.

ADULT BLIND,Industrial aid to (see INDUSTRIAL AID TO THE ADULT

BLIND) .............................................. 72 .. 207

ADVERTISEMENT,Of treatment for sexual diseases, prohibited.................. 168 1 661

evidence, use of certain words prima facie................ 168 2 662violations of act....................................... 168 1 661

AGRICULTURE (see HORTICULTURE; SEEDS; WEEDS DIS-TRICTS; WASHINGTON CROP CREDIT ASSOCIATION),

Commissioner of (see ADMINISTRATIVE CODE).Commodities,

inspection fees and charges............................. 74 1 212standard grades for.................................... 144 1 536

Department of (see ADMINISTRATIVE CODE)appropriations, (see APPROPRIATIONS) ............... 155 2 581

deficiency, indemnity expense....................... 11 1 76state fair..................................... 11 1 76

director of (see WASHINGTON CROP CREDIT ASSOCIA-TION ) ......................................... 121 36 398

marketing products, to assist in.................... 115 4 358powers and duties,

quarantine regulations.......................... 105 1 308to protect trees, etc., from distase etc............ 105 1 308

fees,inspection of commodities........................... 74 1 212

grain,inspection fees and charges.......................... 74 1 212

grain and hay, standards grades for ...................... 144 1 536inspection of commodities, fees for ...................... 74 1 212

Marketing products, association for,actions,

for unpaid stock subscription....................... 115 26 371annual report by....................................... 115 17 367appeals,

from decisions of director of agriculture............. 115 28 371articles of incorporation................................ 115 7 360

amendments authorized............................. 115 8 361attorney general,

to appear for director of agriculture................. 115 27 371audit, annual.......................................... 115 17 367authorized ............................................ 115 2 357benefits to members.................................... 115 23-a 370board of directors...................................... 115 11 362by-laws .............................................. 115 9 361capital stock, may or may not have ...................... 115 2 357charges against officers................................ 115 14 364

(798)

AGRICULTURE.

AGRICULTURE-CONTINUED:Marketing products, association for, Ch. Sec. Pace

contracts for marketing.................................115 15 365with other companies............................115 20 368

corporation laws generally, applicable.....................115 23 370definitions ............................................ 115 1 357director of agriculture to assist.......................... 115 4 358

dissolution,involuntary ........................................ 115 15 368voluntary .......................................... 115 22 370

examination and audit of...............................115 17 367

fees,license ............................................ 115 29 372filing articles of incorporation....................... 115 30 372

insolvency, liquidation in case of ......................... 115 18 368laws applicable..........................................115 23 370license fee..............................................115 29 372liquidation of affairs....................................115 18 368m eetings .............................................. 115 10 362

members,benefits to. limitations...............................115 23-a 370issue of stock to.....................................115 13 363liability of..........................................115 13 363of another corporation...............................115 19 368qualifications ...................................... 115 6 359

officers .............................................. 115 12 363charges against.....................................115 14 364suppression of evidence by .......................... 115 25 371

payment on preferred stock..............................115 16 366pow ers ................................................ 115 5 358preferred stock, payment of..............................115 16 366prior associations may come under act................... 115 21 369purposes ............................................. 115 3 354receiver of, appointed when..............................115 18 368stock, action for cancellation of ......................... 115 26 371violations by...........................................115 18 368

false statements and entries.........................115 24 370suppression of evidence..............................115 25 371

Protection of trees, shrubs and plants,from disease, insects, etc., authorized.....................105 1 308im portation ............................................. 05 4 310

16 311investigation for.......................................105 S 3 309

quarantine regulations,director of agriculture to establish...................105 2 309enforcement Of....................................105 3 309establishment of....................................105 2 308governor to approve in writing.......................105 2 308have effect of law...................................105 3 309impcrtation, covers............................... 1 4 310

16 310(2 308

Powers and duties of director of agriculture..........105 3 30916 311

violations1........................................105 7 313

(799)

AGRICULTURE.

AGRICULTURE-CONTINUED:Protection of trees, shrubs and plants,

shipments, Ch.from outside state................................. 105

w ithin state ...................................... 105

violations ........................................ 105

AGRICULTURE, COMMISSIONER OF (see ADMINISTRATIVECODE).

AGRICULTURAL EXPERIMENT STATION (see ADMINISTRA-TIVE CODE).

AGRICULTURAL PRODUCTS,Marketing of (see AGRICULTURE) ........................ 115

AIR CRAFT,Shooting from prohibited.......................:........... 37

ALIENS,Insane,

bringing into state unlawful............................. 158deportation of......................................... 158expense of, how paid................................... 158

Lands, rights and disabilities with respect to,attorney general to enforce laws relating to .............. 50bad faith in not becoming citizen........................ 50crimes and punishments enumerated ...................... 50definitions ............. :.............................. 50forfeitures ............................................ 50

prosecuting attorneys to enforce laws relating to .........inure to permanent school fund .....................

restrictions ...........................................fiduciary .........................................inheritance .......................................

m ortgage .........................................

5050505050

50

AMERICAN LEGION,Relief of veterans of war with central powers,

loans made by veterans welfare commission to be paid tolegion ............................................ 29

property possessed by veterans welfare commission to go tolegion ............................................ 29

records of expenditures to be kept....................... .29

ANDERSON, AXEL G.,Relief appropriation....................................... 155

ANIMALS (see GAME AND GAME FISH; FISH; RODENTS).Exhibition of at fairs etc.,

certificate of health required........................... 77violations ............................................ 77

APPEALS (see ADMINISTRATIVE CODE; DIVORCE,From director of public works (see PUBLIC SERVICE) ...... 59

From institutional board of health from order for sterilization. . 53

(800)

Sec.46

567

Page310311311311313

. . 357

13 134

4 6341 6333 634

8 1596 1587 1581 1562 1574 1575 1589 1598 1599 1592 1573 1574 1575 1584 1575 158

3 99

1 996 100

2 581

1 2182 218

1567{

175164165165

API

APPEALS-CONTINUED: C h.From police justices, fourth class cities or towns.............. 70Marketing agricultural associations, decisions of director of

agriculture ........................................... 115Public service overcharges, from decisions of ................ 110

APPLICATIONS (see LICENSES),For right of way over state lands for logging................ 55

PEALS.

Sec.1

APPROPRIATIONS,Agriculture, department of,

animals, destruction of....................$bovine tuberculosis eradication............farm market department..................grain department.........................indemnity expenses, deficiency.............state fair.................................

deficiency ............................Architect examiners, state board of,

deficiency ................................Archives :committee...........................Armories,

Aberdeen, re-appropriation.................Bellingham, local improvement............Everett, local improvement................

re-apportionment .....................Walla Walla, re-apportionment.............Yakima, local improvement...............

Attorney general,office ....................................taxation department.......................

Bar examiners ................................Bellingham Normal............................

deficiency ................................Bonds, interest on Veterans' bonus.............Bounties on wild animals.....................Business control, department of,

administration ............................capitol buildings and grounds.............custodial school...........................deportation of aliens.......................farm and industrial management ...........furniture and furnishings..................hospitals for insane,

eastern ..............................northern .............................western .............................. 1

parole department.........................penitentiary ..............................purchasing division........................reform atory ..............................school for the blind........................school for the deaf.........................school for girls............................soldier's home and colony.................training school............................transportation of convicts..................tuberculosis hospitals, state aid............

deficiency ............................Washington veterans' home................

-26 (801) .

17,000.0060,000.0025,000.00

200,000.0010,000.0040,000.0010,000.00

155155155155

11155

11

2222

121

581581581581

76581

76

2,400.00 17 1 831,500.00 155 2 581

99,949.9364.38

2,949.6543,634.7573,961.24

1,718.07

87,830.0015,000.00

6,000.00666,889.50

46,000.00605,000.00

35,000.00

119,000.00131,840.00391,000.00

25,000.00100,000.00

70,000.00

624,500.00637,500.00

,069,150.0050,460.00

494,990.00150,000.00334,250.0098,800.00

152,500.00119,120.00215,360.00189,835.00

96,640.00175,000.00

10,500.00296,900.00

155155155155155155

15588

155155

888

155

155155155155155155

155155155155155155155155155155155155155155155155

581581581581581581

581232581581

70232581

581581581581581581

581581581581581581581581581581581581581581581581

Page205

28 3716 337

1 169

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED:Capitol buildings and grounds................. $ 131,840.00

bond redemption ........................... 176,000.00deficiency ................................ 9.500.00re-appropriation .......................... 1,194,791.44

Capitol committee .... 5,000.00Centralia normal, deficiency .................... 15,210.00Cheney Normal................................ 370,054.00

deficiency ................................ 44,000.00Chiropractic examiners, board of deficiency...... ... 1,249.78

Colville, First National Bank of,escheated property, mortgage on............ ... 1,256.70

Commissioner of public lands................... 226,562.00deficiency ................................ 440.86

Conservation and development, department of,forestry division........................... .129,500.00hydraulic division......................... 43,880.00office .................................... 16,900.00reclamation division....................... 2,469,400.00

Control, state board of,deficiency for hospitals, schools, etc......... . 461,600.00

Criminal cost bills............................. .. 27,000.00Douglas county,

local improvement assessments............. 1,586.71Efficiency, department of ...................... 15,000.00

motor vehicles............................. 200,000.00Ellensburg Normal............................ 301,696.00

deficiency ................................ 36,500.00Equalization, state board of .................... 2,000.00Expenditures in excess of, when authorized.....Federal aid road construction................... 1,000,000.00Finance, state board of........................ 6,000.00Fire, prevention of in fallen timber.............. .. 100,000.00Fisheries, department of, in lieu ................ 24.042.98Fisheries and game, department of,

fisheries board, state...................... .. 100.000.00fisheries, division of....................... 285,285.00game and game fish, division of............. 215,000.00

From state institutional revolving fund authorizedFurguson Construction Company,

permanent highway No. 2-M............... 1,120.48Governor, deficiency........................... 2,500.00

office .................................... 94,000.00m ansion .................................. . 1 ,000.00taxation investigation of ................... .. 20,000.00

Harbor improvement........................... 100,000.00Health, director of ............................. 86,230.00Highways,

Aberdeen improvement assessment .......... 28,400.00contracts, for completing.................. 400,000.00federal aid road construction............... 1,000,000.00permanent ............................... 4,400,000.00primary maintenance...................... 2,800,000.00primary and secondary.................... 9,690,000.00re-appropriation .......................... 781,851.09

Industrial aid to the adult blind................ 7,500.00Industrial insurance commission, deficiency ...... 27,000.00

(802)

Ch.155155

822

1558

155S

15

ss155

S

155155155155

88155

881085155

S155

7s!)

1556718

155155155

7

888

155155171155155

1559

5SG86

472

8

Sec. Page2 5812 5811 701 892 5811 702 5811 701 81

1 2322 5811 70

2 5812 5812 5812 581

1 702 581

232

232330581

70581

15235581203

84

581581581

27

23270

581581667581581

58174

2359

228228

7210

70

APPROPRIATIONS.

APPROPRIATIONS-CoNTINUED:Insurance commissioner....................... $ 114,490.00

deficiency ................................ 440.86Judgments,

Forstell v state............................ 854.83H owe v state.............................. 40.76K ing v state.............................. 1,771.08Lewis v state.............................. 22.38Lister v state auditor...................... 19.68Sm ith v state.............................. 99.18state v Boich............................. 26.86state v Corbin............................. 64.91state v McPherson Bros Co................. 13.20state v Moneymaker....................... 89.78state v Progressive Motion Picture Co........ 15.78.state v Radovich........................... 26.86state v Tacom a............................ 1,882.87Union Bridge company v state.............. .. 10,785.30

Labor and industries, director of ................ 506,147.00accident fund .......................... 215,535.00

4,000,000.00medical aid fund........................ 130,397.00

S1,000.000.00Law examiners, state board of ..................

deficiency ................................Law library, state.............................Laws, session,

house and senate journals, etc..............Legislature,

expenses ................................indexing journals..........................printing ..................................

Library, state ................................Licenses, director of ............................

motor vehicle division.....................

Lieutenant Governor...........................Local improvements,

Aberdeen highway........................Bellingham armory property.................Bellingham normal........................Benton county............................Cheney norm al............................Claremont addition........................Ellensburg normal.........................Everett armory property...................Gilman's addition..........................Okanogan county.........................Olym pia, city of........................ I

Pierce County.............................Pleasant Ridge Div of Green Lake..........School for the deaf.........................Seattle tide lands..........................Skagit county,

dike and ditch, 1919...................dike and ditch, 1920 ...................highw ays ............................

(803)

6.000.00500.00

24.600.00

Ch. Sec. Page155 2 581

S 1 70

1551551551551551551551551551551551551551551551551551551.55155155155

18,000.00 SS

115,000.00600.00

15.000.0013,600.0031.400.00

249,400.00

3,400.00

28.400.0064.38

3,556.942,473.09

10.440.3135.46

964.742,949.65

162.702,904.00

548.249.618.161.722.30

45.88.783.56

13,612.66

523.83724.91

6,328.88

581581581581581581581581581581581581581581581581581581581581581581

1 232

1155

2

155155155108155

155155155155155155155155155155155155155155155155

155155155

5581

6581581581330581

581581581581581581581581581581581581581581581581

581581581

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED:Local improvements,

State addition No. 4......................$Stevens county............................Western Washington experiment station.....Yakima armory property ...................

Memorial, soldiers, sailors and marines,re-appropriation ..........................

Military department, (see Armories, this title) ....Northern state hospital.........................Olympia, city of,

bridge, Olympia highway..................local improvements.......................5

Oyster reserve.................................Pierce County.................................Presidential electors..........................

Public Service commission,grain department, deficiency ................lieu appropriation..........................

Public works, director of .......................highway division..........................public utilities division.....................

Reforestation .................................

Relief,Abelson, Alfred T..........................Anderson, Axel G...........................Arnold, E . C...............................Bartholet, Frank, executor ..................Bellingham , City of........................Big Bend Land Company...................B row n, H . J...............................Brown, J. H..............................Burrows, Capt. Frank E....................Conner, Louisa A...........................Crosby, Ira R ..............................Delmore, Francis E.........................Drugless examiners, state board of ..........Eastergren, Malena........................Eastergren, A. E...........................Erickson, W m ..............................Flagg,. Benton L...........................Fleet, Capt. R. H ...........................Frank Waterhouse & Company ..............Gardlin, Edward...........................G rote, Joe.................................Holmquist, John Victor...................5

Hooper, Arthur L..........................H owell, W illiam ...........................H unter, W . M..............................Jack, W illiam .............................James, Chas., M. D.........................Jensen, Hans..............................Johnson, Swan E...........................Journal of Commerce.......................

Ch. Sec. Page637.16 155 2 581989.74 155523.05 155

1,718.07 155

50,000.00 22699,925.00 155

20,000.00 88

30,000.00 88548.24

9.618.16 15532,300.00 155

1,722.30 15570.00 155

256.20 8

10,000.00 1615,315.22 3

233,540.00 155159,200.00 155150,000.00 155

5,000.00 169

487.40 15521.00 155

200.00 8100.00 155

1,513.30 15525.65 15594.00 155

264.05 1552.35 155

448.06 88400.00 155297.50 155

3,545.00 863.28 155

145.95 15510.00 1559.00 155

200.00 15531.75 155

3.00 1552,288.25 155

188.90141.25 155500.00 155

1.00 1552,961.00 155

35.00 15519.50 155

9.00 15551.35 15517.60 8

(804)

581581581

222

APPROPRIATIONS.

APPROPRIATIONS-CoNrINUED:Relief, Gh. Sec. Pape

Kaiser Paving Company..................$ 2,025.21 155 2 581Keller, Dr. W N............................ 2,522.15 155 2 581Knutson, Gottfried......................... 19.00 155. 2 581Lareen, Carl A............................ 73.00 155 2 581Lendinghouse, George E.................... ..... 3.80 8 1 70Marshall, Frank L.......................... 297.50 155 2 581Nelson, W illiam H......................... 297.50 155 2 581Northern Pacific Railway Co................ 5.25 155 2 581Oregon Washington Ry. Co.................. 1,686.01 155 2 581Parker, Albert E., Trustee.................. 220.71 155 2 581Pederson, Hans............................ 15,000.00 88 1 232Pend Oreille county....................... 4,922.10 155 2 581P.Keidiel & Company....................... 13.65 155 2 581Polson Realty Company.................... 415.26 155 2 581Port Orchard, Town of ..................... 555.69 155 2 581Puget Sound Electric Ry. Co................ 6.65 155 2 581Puget Sound Power and Light Company..... 407.64 155 2 581Romaine, J. W., Wood, F. J. and Shields,

Robert ..................... :........ 2,492.16 155 2 581Scobey Cigar Co., Inc..... ................. 35.00 155 2 581Seatit, Charles............................. 16.00 155 2 581Seattle and Portland Railroad Co............ 94.80 155 2 581Simmons, S................................ 18.00 155 2 581Sim mons, S................................ 18.00 155 2 581Slatten, C. A............................... 95.00 155 2 581Spokane, City of........................... 5,492.16 155 2 581Spokane Falls Gas Light Co................. 94.32 155 2 581Taylor, W illiam ........................... 14.00 155 2 581Tiller, T. D................................ 1,050.00 155 2 581Tonneson, Oscar........................... 3.00 155 2 581W arren H. Miller & Co..................... 1,428.00 155 2 581W ells, W . V............................... 1,242.60 155 2 581W est, Leroy Oliver......................... 8.00 155 2 581W ilson, F. C............................... 39.00 155 2 581

Secretary of State.............................. 63,300.00 155 2 581bureau of statistics......................... 8,000.00 88 1 232initiative, referendum, recall and constitution-

al amendments ........................ 50,000.00 155 2 581motor vehicle department................... 28,000.00 6 3 11printing expert............................ 4,200.00 155 2 581

Shore land improvement, warrant interest........ 24,000.00 155 2 .581

Skagit county,local improvements,

dike and ditch, 1919................... 523.83 155 2 581dike and ditch, 1920.................... 724.91 155 2 581highways ............................. 6,328.88 155 2 581

Spanish war veterans, graves, care of ............ 180.00 155 2 581State auditor.................................. 7,500.00 88 1 232

deficiency ................................ 1,000.00 8 1 70office .................................... 48,500.00 155 2 581

State college .................................. 1,774,512.00 155 2 581deficiency ................................ 208,232.68 8 1 70

State custodial school.......................... 35,000.00 88 1 232State Geological survey........................ 10,000.00 88 1 232State historical society........................ 23,240.00 155 2 581

(805)

APPROPRIATIONS.

APPROPRIATIONS-CONTINUED: Cit Sec. PageState nautical school..........................$ 10,000.00 155 2 581

deficiency ................................ 20,800.00 8 1 70

State school for deaf........................... 152,500.00 155 2 581deficiency ................................ 29,600.00 S 1 70

State school for girls......................... 35,000.00 88 1 232118,120.00 155 2 581

deficiency ................................ 17,500.00 8 1 70

State training school..........................5 189,835.00 155 2 58140,000.00 88 1 232

deficiency ................................ 50,000.00 8 1 70State treasurer,

deficiency ................................ 14,850.00 8 1 70motor vehicle department.................. .......... 108 20 330office .................................... 69,500.00 155 2 581

from fisheries fund..................... ... 9,000.00 155 2 581Superintendent of public instruction .............. 76,200.00 155 2 581

high school supervision..................... .. 10,500.00 155 2 581rural school education ...................... 20,700.00 155 2 581state board of education ...................... 3,860.00 155 2 581

Superior courts................................. 228,636.85 155 2 581deficiency ................................ 9,136.85 155 2 581

Supreme court................................. 156,814.00 155 2 581deficiency .............................. 677.39 155 2 581

679.00 8 1 70

Supreme Court Reporter........................ 21,600.00 155 2 581Taxation, and examination, director of,

banking, division of ......................... .115,000.00 155 2 581building and loan, division of ................ 20,000.00 155 2 581municipal corporations, division of .......... 29,250.00 155 2 581taxation, division of ........................ 38,800.00 155 2 581

Term s, defined................................ ......... 155 2 581Topographical and hydrographic survey........... .35,000.00 155 2 581Traveling library.............................. 24,000.00 155 2 581University of Washington...................... 3,207,575.48 155 2 581

deficiency ................................ 250,172.36 8 1 70Veterans' equalized compensation act,

from fund................................11,000,000.00 83 1 225interest on bonds.......................... 605,000.00 88 1 232operating expenses......................... 5,000.00 45 1 151retirement fund............................ 1,210,000.00 88 1 232

Whitman County,highway improvement...................... . 853.27 155 2 581

ARCHITECTS, BOARD OF EXAMINERS (see ADMINISTRA-TIVE CODE),

Appropriations, deficiency .................................. 17 1 83

ARCHIVES, COMMITTEE (see ADMINISTRATIVE CODE;APPROPRIATIONS).

ARMORIES (see APPROPRIATIONS).

ARNOLD, E. C.,Relief appropriation ........................................ 1 70

ASSESSMENTS (see IRRIGATION DISTRICTS; Local improve-ments, under APPROPRIATIONS).

ASSOCIATIONS (see WASHINGTON CROP CREDIT ASSOCIA-TION ) ................................................ 121 1 384

Marketing agricultural products- (see AGRICULTURE) ........ 115 .. 357

(806)

ATTORNEYS AT LAW.

Ch. Sec. PageATTACHMENT (see DIVORCE) ............................... 109 2 332

ATTORNEY GENERAL,Alien land laws, to enforce................................. 50 8 159

Appropriation,office ................................................ 155 2 581taxation department ................................... 88 1 232

Assistants,appointment and powers of.............................. 119 1 379

B ond of .................................................. 119 1 379

Bonds,grain and hay inspectors, etc., to approve................. .145 1 540state officers and employees, to approve form of .......... . 7 16 17

Escheats, powers and duties relating to...................... 7 120 62Inheritance tax, powers and duties relating to................. .. 7 120 62Marketing agricultural products associations-

to appear in actions and proceedings respecting .......... 115 27 371Member, state law library committee ........................ . 7 12 14State officers and employees, to defend, when................. 79 2 220

ATTORNEYS AT LAW,Admission to practice,

application,citizenship, affidavit of to accompany ................ 126 6 410

fee on admission....................................... 126 15 414from another state..................................... 126 4 409

requirem ents ...................................... 126 9 411local bar to recommend, when........................... 126 7 410oath on adm ission..................................... 126 12 413on accredited certificate................................. 126 9 411qualifications for, general .............................. 126 4 409

educational ....................................... 126 9 411sex, no bar to.......................................... 126 3 409supreme court to make order for......................... .126 2 409

Complaints against ........................................ 126 16 415Disbarment, grounds of .................................... 126 14 414Ethics, code of ............................................ 126 15 418Fee for annual registration................................. 126 20 417Hearings on complaints against............................. .126 16 415

procedure on .......................................... 126 17 416Law examiners, state board of,

applications for admission, to pass on .................... 126 3 4098 411

created ............................................... 126 1 407law schools, to approve, when........................... .126 10 412m eetings ........................... .................. 126 2 408members, qualifications, term........................... .126 1 407

oath of, taking and filing............................ 126 1 407salary and expenses.................................... 126 1 407offices, with clerk, supreme court ........................ 126 2 408prosecuting attorneys to assist.......................... 126 17 416records ............................................... 126 2 408rules and regulations, to prescribe....................... .126 19 417secretary, who may be.................................. 126 2 408to hear complaints against.............................. 126 16 415to enforce laws against................................. 126 16 415witnesses, may subpoena6................................126 17 416

(807)

ATTORNEYS AT LAW.

ATTORNEYS AT LAW-CONTINUED:Law schools, Ch. Sec. Page

law examiners to approve............................... 126 10 412Laws repealed ............................................ 126 23 418Rqcord of. to be kept........................................ 126 21 417

Registration annually...................................... 126 20 417fee for ............................................... 126 20 417failure of ............................................ 126 20 417

Restrictions,holding certain public offices disqualifies................. .126 5 409

Students not attending school,registration of ......................................... 126 11 412course of study ........................................ 126 11 412

Supreme court,hearings against attorneys ............................. .126 18 416law examiners, state board of, to appoint................. .126 1 407may disbar, suspend or discipline ........................ 126 18 416to admit to practice ................................... 126 3 409

Veterans of world war,admitted to examination for one year .................... 126 11 412

Violations, punishment ..................................... 126 22 418

AUDITOR (see COUNTY AUDITOR; STATE AUDITOR).

BAILIFFS (see SUPERIOR COURTS).......................... 25 1 191

BANCROFT-WHITNEY COMPANY,Supreme court reports, contracts for, modified................ 162 1 652

BANK COMMISSIONER (see ADMINISTRATIVE CODE).

BANKS AND BANKING,Banks and trust companies,

fees for examination of................................. 73 1 211Depositors' guaranty fund,

annual adjustment of................................... 97 5 286board, powers and duties............................... 97 2 284contingent fund ....................................... 97 1 283created ............................................... 97 1 283credit of recovered losses............................... 97 5 286m embership ........................................... 97 3 285

annual report of................................... 97 5 286approval of ....................................... 97 3 285assessments, failure to remit ........................ 97 8 289cancellation of .................................... 97 6 287false representations as to.......................... 97 6 287forfeiture of deposits .............................. 97 6 287violations of act by................................. 97 7 289withdrawal,

involuntary ................................... 97 8 289voluntary ..................................... 97 9 290

withholding admission to............................ 97 4 285taxation and examination, director of,

subrogated to rights of depositors, when.............. 97 .10 291

Mutual savings bank,credits, individual, limited............................... 156 2 617deposits and dividends, individual,

lim itations ........................................ 156 2 617paym ent of ....................................... 156 3 618

(808)

BOARD OF COUNTY COMMISSIONERS.

BANKS AND BANKING-CONTINUED:Mutual savings bank, Ch. Sec. Page

dividends, rate of...................................... 156 4 620classification of depositors.......................... 156 4 620extra, when....................................... 156 4 620guaranty fund contributions......................... 156 4 620restrictions ....................................... 156 4 620

investments of moneys.................................. 156 1 607bonds,

of municipalities within state.................... 156 1 607of municipalities outside state.. .......... 156 1 607

loans secured by first mortgage on real estate......... .156 1 607mortgage bonds of railroad corporations .............. 156 1 607promissory notes .................................. 156 1 607state of Washington obligations..................... .156 1 607

other states ................................... 156 1 607United States obligations........................... .156 1 607

Trust companies,powers and duties...................................... 94 1 245

BARBERS' EXAMINING BOARD (see ADMINISTRATIVECODE).

BAR EXAMINERS (see ATTORNEYS AT LAW).Appropriation ............................................. 155 2 581

BARTHOLET, FRANK, Executor, relief appropriation ............ 155 2 581

BASEBALL PLAYING,Actions for violation of act, venue........................... 181 6 718Act, scope of.............................................. 181 7 718

8 718Bribing,

accepting bribe unlawful................................ 181 2 716completion of offense defined ............................ 181 3 717defined ............................................... 181 4 717players, unlawful ...................................... 181 1 716

Extra compensation to players not prohibited................. .181 7 718Game, causing loss of, unlawful............................. 181 5 717Prosecution, venue of....................................... 181 6 718

BATHING BEACHES (see PARKS),Acquiring land for........................................ 107 1 321

BEAR, killing during elosed season .............................. 37 11 133

BELLINGHAM, CITY OF, relief appropriation .................... 155 2 581

BELLINGHAM NORMAL SCHOOL,Appropriations ............................................ 155 2 581

8 1 70Fund, tax levy for annually................................ 142 1 528Right of way across lands of, for highway .................... 66 1 201

BENTLEY, W. C., corrected deed to............................. 38 1 137

BIDDING (see COMPETITIVE BIDDING).

BIG BEND LAND COMPANY, relief appropriation............... 155 2 581

BLIND,Aid to (see INDUSTRIAL AID TO THE ADULT BLIND) ... 72 1 207

BOARD OF COUNTY COMMISSIONERS (see COUNTY COM-MISSIONERS).

(809)

BOARD OF HEALTH.

BOARD OF HEALTH (see ADMINISTRATIVE CODE; INSTI-TUTIONAL BOARD OF HEALTH). Ch. Sec. Page

BOICH, MIRO, appropriation for judgment of .................... 155 2 581

BONDS,Appeal, from order of director of public works................ 59 1 175County, for road improvement............................... 95 1 248Diking district improvement, how and when authorized ........ 87 1 231Funding indebtedness, counties of sixth class................. 54 4 168Irrigation districts (see IRRIGATION DISTRICTS) .......... 129 8 439Local improvements (see IRRIGATION DISTRICTS)........ 129 27 468Official,

of attorney general.....................................119 1 379of county commissioners................................ 132 1 488of county game commission,

appointees of to give................................ 37 3 123of court reporter....................................... 42 1 147of director of conservation and development,

covering money received for forest fire protection ...... 64 1 196of director of farm marketing........................... 121 5 384of irrigation district directors........................... 129 4 430

secretary of ........................................ 129 4 430state employees to furnish............ ................. 7 16 17

amount of, fixed by administrative board............. .. 7 15 15approval and filing................................. 7 16 17exceptions ........................................ 7 15 15

Veterans' compensation, appropriation for interest and retire-ment fund for.......................................... 88 1 232

BOOMING,Tide and shore lands for, leasing of .......................... 118 1 377

terms and conditions................................... 118 2 378

BOUNTIES ON WILD ANIMALS (see GAME AND GAME FISH),Appropriation ............................................. 155 2 581

BOVINE ANIMALS:Exhibition of at fairs, etc.,

certificate of health required............................ 77 1 218violations ............................................ 77 2 218

BRIBING (see BASEBALL) ................................... 181 ... 716

BROWN, H. J., relief appropriation .............................. 155 2 581

BROWN, J. H., relief appropriation ............ ................. 155 2 581

BUREAU OF INSPECTION AND SUPERVISION OF PUBLIC OF-FICES (see ADMINISTRATIVE CODE).

BURROWS, CAPT. FRANK E ................................... 155 2 581

BUSINESS CONTROL, DEPARTMENT OF (see ADMINISTRA-TIVE CODE),

Appropriations (see APPROPRIATIONS) ................... .155 2 581Director of,

insane hospitals, powers and duties relating to ............ 48 1 153CANCELLATION,

Tide land certificates of purchase ............................ 57 2 172notes ................................................ 57 3 173

(810)

CITIES AND TOWNS.

CAPITOL BUILDINGS AND GROUNDS (see Department of Busi-ness Control under ADMINISTRATIVE CODE), Ch. Sec. Page

8 1 70Appropriations .......................................... . .22 1 89

1 155 2 581Superintendent of, powers and duties vested in director of busi-

ness control........................................... 7 .36 24

CARRIERS, quarantine regulations, duties regarding............. 105 6 311

CERTIFICATE OF NECESSITY (see Public service) ........... 59 1 1751 4 341

CENTRALIA NORMAL SCHOOL,Appropriation ............................................ 8 1 70

CHENEY NORMAL SCHOOL (see NORMAL SCHOOLS),Appropriations .......................................... ... 8 1 70

155 2 581Fund, tax levy for......................................... 142 1 5 2g

CHIEF JUSTICE (see SUPREME COURT).

CHILDREN,Dependent and delinquent,

probation officer,appointment of.................................... 41 1 148powers and duties................................. 43 1 148salary, when fixed by county commissioners .......... 4 1 148

Divorce decree affecting (see DIVORCE).................... 109 4 334Jurisdiction over (see SUPERIOR COURT)................. 135 1 491

CHIROPODY,Certificate to practice, revocation of........................ 120 3 382D efined .................................................. 120 1 380Evidence of practicing..................................... 120 6 182License to practice,

application for........................................ 120 1 381exam ination ...................................... 120 2 380re-exam ination ................................... 120 4 381

fees, non-resident...................................... 120 10 385resident ............ 120 5 382

non-resident ............. o............................. 120 10 385qualifications of applicant for ........................... 120 3 381renewal of............................................ 120 9 383revocation of.......................................... 120 8 382

Office, to be maintained.................................... 120 7 382State board of, abolished................................... 7 135 68

powers and duties of vested in director of licenses ........ 7 96 51

CHIROPRACTIC EXAMINERS, STATE BOARD OF,Abolished ................................................ 7 135 68Appropriation, deficiency........ ........................... 15 1 81Powers and duties of, vested in director of licenses ............ . .96 51

CITIES AND TOWNS,Competitive bidding upon public works...................... 12 . .. 7Contracts for public improvements (see CONTRACTS) ........ 166 . . . 657Current expenses, levy of tax for............................ 127 1 418Elections, in class A and first class counties (see ELECTIONS) 61 2 179

outside class A and first class counties (see ELECTIONS) 170 . . . 665First class, area within becomes part of ...................... 151 1 563

(811)

CITIES AND TOWNS.

CITIES AND TOWNS-CONTINUED:Fourth class, Ch.

police justice,appeals from ....................................appointm ent ....................................jurisdiction ..................................... 70salary, fixed by city council......................

treasurer,moneys, how received and disbursed................salary of, fixed by city council................... 24

Indebtedness,fund created........................................levy of tax for...................................... 127computation of, for incurring indebtedness............... 123

Land for parks, etc., may acquire........................... 107Levy for current expenses authorized...................... I

increased by vote authorized...........................5 127indebtedness fund...................................... 127

Local improvements,assessments,

collection of....................................... 92limit of..........................................Inon-assessable property, how valued.............. . 128

Motor vehicles,may regulate speed of ................................. 96name of department to be on, exceptions................. 125

Parks and parkways,care of............................................contracts for....................................... 107land for, may acquire............................... J

Public works, competitive bidding upon...................... 12

Railroad crossings,costs of changing, apportionment........................ 138petition to change.................................... 138

School districts,boundaries, extension or change, affect upon bonds.....each city constitutes................................ 101

Signs, at corporate limits................................... 96Streets,

closing of, when being damaged by travel,authorized ....................................notice of....................................... 21violations .....................................

Taxation, for current expenses authorized.................... 127for indebtedness fund.................................. 127

CITIZENS (see ALIENS) ....................................... 50

CLAMS,License to take (see FISH)................................ 63

CLASSIFICATION,Of state employees.......................................... 7

CLERK OF SUPERIOR COURT,Fees,

verdict, filing abstract of............................... 65

CODE,(see ADMINISTRATIVE CODE)........................... 7(see PIERCE'S CODE).................................... 10

(812)

Sec. Page

1 205

1 91

111

11

418400321

418418

1 241

1 420

41 2781 406

f

I.

321

322321321

77

2 4961 494

1 29746 281

12311

878788

418418

156

1 183

15 15

3 200

1275

CONSERVATION AND DEVELOPMENT.

COLUMBIA BASIN SURVEY, COMMISSION (see department ofconservation and development under ADMINISTRATIVECODE), Ch. Sec. Page

Abolished .................................................. 7 135 68Powers and duties of vested in director of conservation and de-

velopment ............................................ 7 71 39

COLVILLE, FIRST NATIONAL BANK OF,Appropriation for mortgage on escheated property............ 88 1 232

COMMERCIAL WATERWAY DISTRICTS,Elections,

in class A and first class counties (see ELECTIONS) ...... 61 . . . 179

COMMISSIONER OF PUBLIC LANDS (see STATE LANDS),Appropriations ............................................ 155 2 581

deficiency .............................................. 8 1 70Bentley, W. C., corrected deed to.... 3....................... 3S 1 137Booming, leasing of tide and shore lands for.................. 118 1 377Irrigation districts, to consent or object to inclusion of state

lands in .............................................. 129 2 425Logged-off lands, to report annually......................... 169 4 663Member,

state capitol committee ................................. 7 8 14state library committee................................ 7 13 15state parks committee .................................. 7 10 14

Tide lands,1 172

cancellation of certificates of sale and notes.............. 57 2 172

3 173leasing of, for booming purposes......................... 118 1 377

Timber, sale of damaged (see TIMBER) ...................... 76 1 215

COMMODITIES,Agricultural,

inspection fee for (see AGRICULTURE)................. 74 1 212marketing products association (see AGRICULTURE) .... 115 ... 357

COMMON CARRIERS,Quarantine of trees, shrubs, etc. (see CARRIERS)............ 105 6 311

COMPETITIVE BIDDING,Upon public works,

agreement to suppress made outside state no defense..... 12 4 78collusion to prevent prohibited.......................... 12 2 78penalty for suppressing................................ 12 3 78suppression of prohibited............................... 12 1 77

COMPUTATION,Of indebtedness of taxing districts........................... 123 1 400

CONDEMNATION,Irrigation district may bring proceedings for.................. 129 6 435

CONNER, LOUISA A., relief appropriation...................... 88 1 232

CONSERVATION,Of forests (see FORESTS) ................................. 102 1 298

CONSERVATION AND DEVELOPMENT,Department of (see ADMINISTRATIVE CODE).

(813)

CONSTITUTION, PROPOSED AMENDMENTS.

CONSTITUTION, PROPOSED AMENDMENTS. Ch. Sec. PageMoney disbursed only by appropriation, Art. VIII. Sec. 4 ...... 14 1 80Rights of accused persons, Art. I, Sec. 22..................... 13 1 79Salary increase for legislators, Art. II, Sec. 23................ 172 1 668

publication of amendment.............................. 172 2 668

CONTRACTS,Of abolished offices, boards, etc., to remain in effect............ .. 7 126 65Public improvements,

lien for labor and supplies on retained amount............ 166 1 657foreclosure of ..................................... 166 3 658

payment in full, time for................................ 166 2 658retention of part of estimate............................ 166 1 657

With state of Washington for irrigation (see IRRIGATION)... 129 S 439With United States for irrigation, (see IRRIGATION) ........ 129 S 439

CONTROL, STATE BOARD OF (see ADMINISTRATIVE CODE),Appropriation, deficiency ................................... 8 1 70Powers and duties of, relating to insane hospitals, vested in

director of business control.............................. 48 1 153.

CONVEYANCE,Of state lands to Lewis County............................. 78 1 219

CONVICTS,Appropriation for transportation of .............. ........... 155 2 581Corbin, Austin, appropriation for judgment of ................ 155 2 581

CORONER,Practice of law by, prohibited............................... 126 5 409

CORPORATIONS (see WASHINGTON CROP CREDIT ASSOCIA-TION),

(see BANKS AND BANKING)............................ 121 1 284Associations for marketing agricultural products (see AGRI-

CULTURE) ............................................ 115 1 357Irrigation districts, may vote on formation of ................ 129 3 428

COUNTIES (see COUNTY COMMISSIONERS),Bidding, competitive, upon public works...................... 12 ... 77Blind, adult, industrial aid to (see INDUSTRIAL AID TO

ADULT BLIND )...................................... 72 ... 207Class "A"

elections in (see ELECTIONS) ......................... 61 1 179powers and duties of first class counties apply to........... 133 1 489

Contracts for public improvements (see CONTRACTS) ........ 166 ... 657Elections (see ELECTIONS) ............................. 61 ... 179

170 ... 665Ferries, interstate authorized................................ 165 1 656First class,

elections in (see ELECTIONS).......................... 61 1 179powers and duties of apply to class "A" counties ......... .133 1 489

Flood prevention,may regulate and control waters for.................... 30 1 101may remove obstructions............................. 20 2 101

302 101right of action, none for ............................... 185 1 747

Highways,bonds for road improvement............................ .95 1 248credit from permanent highway fund.................... 95 1 248dikes may be established across and along ... .*. . ... .. .. 134 1 490

procedure to acquire................................ 134 2 490

(814)

COUNTY COMMISSIONERS, BOARD OF.

COUNTIES-CONTINUED:Highways, Ch. Sec. Page

permanent highway maintenance fund................... .95 2 250primary state,

approval of plans for work on by supervisor of high-w ays ........................................ 19 1 85

Jurors, how obtained....................................... 26 1 92Motor vehicles of,

name of department to be on, exceptidns................. .125 1 406Public works, competitive bidding upon ....................... 12 .. 77Railroad crossings, petition to change ........................ 138 1 494

costs, apportionment of.................................. 138 2 496Six "A" class,

act, taking effect of.................................... 184 3 746created ............................................... 184 1 746offices, salaries of....................................... 184 2 746population of ........................................... 184 1 746

Sixth class,bond issue authorized.................................. 54 4 168

election for....................................... 54 4 168indebtedness,

ratification of authorized, when..................... 54 1 167county commissioners, procedure................ 54 2 167

election for........................................ 54 4 168limit of .......................................... 54 1 167

Soldiers, sailors and marines, indigent (see SOLDIERS, SAIL-ORS AND MARINES)................................. 41 ... 141

COUNTY ASSESSORS,Employees, to furnish list of annually........................ 182 4 724Irrigation districts,

tax roll, to put name on......... 129 3 428Jurors, to prepare and file annually list of persons qualified to be 26 1 92Poll tax, to list inhabitants annually for.................... 174 2 674

COUNTY AUDITOR,Industrial aid to adult blind,

to draw warrants for, when............................ 72 4 209Licenses for game, to issue................................. .39 9 131

COUNTY CLERK,Poll tax, to deduct from pay of jurors and witnesses, when.... 174 7 677

COUNTY COMMISSIONERS, BOARD OF,Animal pests (see RODENTS) .............................. 140 . . . 502Bonds of members......................................... 132 1 488Flood prevention,

may remove obstructions............................... 30 2 1013 101

Highways,closing of, being damaged by travel..................... 21 1 87

Industrial aid to adult blind (see INDUSTRIAL AID TOADULT BLIND) ...................................... 72 1 208

Members of, bonds required................................. 132 1 488Noxious weeds, duties with respect to........................ .. 7 90 48Road commissioners, to act as.............................. 154 1 580Salary and compensation for special extra sessions .......... 100 1 296Soldiers, sailors and marines, aid to indigent (see SOLDIERS,

SAILORS AND MARINES) ............................ 41 ... 141Water distribution district, may create ...................... 106 1 213

tax levy for........................................... 106 7 316

(815)

COUNTY GAME COMMISSIONERS.

COUNTY GAME COMMISSIONERS, Ch. Sec. PageAppointm ent .............................................. 37 1 120Offices of, in court house.................................... 37 2 122Powers and duties, generally............................... 37 3 123State association of........................................ 37 3 123To appoint county warden.................................. 37 1 120To enforce laws relating to game and game fish............. .37 2 122

COUNTY SUPERINTENDENT OF SCHOOLS (see EDUCATION).

COUNTY TREASURER,Poll tax,

remit to state treasurer monthly ........................ 176 5 676to collect .............................................. 174 1 674

Port district, to be treasurer of ............................ 179 1 706to create port district fund............................. 179 3 709

COURT COMMISSIONERS,Juvenile jurisdiction ....................................... 135 1 491

COURT REPORTER (see SUPERIOR COURT).................. 42 ... 147

COURTS (see SUPERIOR COURT; SUPREME COURT),

CRABS,License to take (see FISH )................................ 63 1 183

CREDIT,(See WASHINGTON CROP CREDIT ASSOCIATION) ....... .121 1 384

CRIMES AND PUNISHMENT (see ADMINISTRATIVE CODE;FISH; GAME AND GAME FISH),

Advertising of treatments of sexual diseases .................. 168 1 661Agricultural quarantine regulations .......................... 105 7 313Alien land laws............................................ 50 7 158Animals, bovine, exhibition of without health certificate . 77 2 218Attorneys at law........................................... 126 22 418Baseball, bribing .......................................... 181 ... 716Bear, killing during closed season ........................... .37 11 133Competitive bidding upon public works, suppression of ........ 12 3 78Dogs in woods............................................. 37 14 134E lections ................................................. 176 16 692Fines, paid into county game fund........................... . 37 18 136Fisheries board, violations of rules and regulations.......... . 7 113 59Forest fires, warnings, removal of .......................... 102 3 301

setting of ............................................ 102 3 301Fraud in sale of hay, grain, etc., by railroads ................ 145 7 546Highways,

pipe lines, etc., on..................................... 80 4 223using of closed......................................... 21 3 88

H orticulture, protection of.................................. 141 ... 507Insane persons, bringing into state .......................... 158 4 634Intoxicating liquors ....................................... 122 1 398Liquid fuel, sale of........................................ 173 ... 669Marketing farm products, suppression of evidence............. .115 24 370

Motor vehicles,operators of .......................................... 108 16 329transportation by ..................................... 111 7 342use of ................................................ 96 4 254

Parks and parkways....................................... 149 8 562Quarantine of trees, shrubs, etc..............................105 7 313

(816)

DIKES AND DR

CRIMES AND PUNISHMENT-CONTINUED: Ch.Rights of accused persons.................................. 13Sentence, suspension of..................................... 69Sexual diseases, advertising treatment for.................. 168Timber, fallen, protection of................................ 67Washington Crop Credit Act................................ 121

CRIMINAL COST BILLS,Appropriation for ......................................... 155

CROP CREDIT ACT (see WASHINGTON CROP CREDIT AS-SOCIATION ) ......................................... 121

CROSBY, IRA R., relief appropriation........................... 155

DAIRY AND FOOD COMMISSIONER (see ADMINISTRATIVECODE).

DAIRY AND LIVE STOCK, DIVISION OF (see ADMINISTRA-TIVE CODE).

DAMAGE,For pipe lines, etc., on highways (see PUBLIC SERVICE).... 80

DAY LABOR,For construction of highways where authorized.............. 86

DEED,To purchaser for delinquent assessments (see IRRIGATION

DISTRICTS) ..................................... 129

DEFENSE,Of state employees by attorney general, when ................ 79

DEFINITIONS (see WORDS AND PHRASES).

DELINQUENT.Children (see SUPERIOR COURTS) ........................ 135

DELMORE, FRANCIS E., relief appropriation.................... 155

DENTAL EXAMINERS, BOARD OF (see ADMINISTRATIVECODE).

DEPARTMENTS, STATE (see ADMINISTRATIVE CODE andspecific titles).

DEPOSITORS' GUARANTY FUND (see BANKS AND BANKING) 97

DEPORTATION,Expense of, how paid....................................... 158Non-resident insane ....................................... 158Of alien insane............................................ 158

DESCENT AND DISTRIBUTION,Final report and petition for distribution, hearing on......... 93

DEVELOPMENT (see department of CONSERVATION AND DE-VELOPMENT under ADMINISTRATIVE CODE).

DIKES AND DRAINS,Dikes,

county roads, may establish over and along.............. 134procedure .......................................... 134

(817)

AI

S

3

NTS.

ec. Page1 791 2041 6614 2024 398

2 581

1 384

2 581

3 222

3 23')

21 458

2 220

1 491

2 581

1 283

3 6342 6331 633

1 243

1 4962 490

DIKES AND DRAINS.

DIKES AND DRAINS-CONTINUED:Diking districts, Ch. Sec. Page

bonds, for improvements, when and how authorized..... S7 1 231commissioners, election of.............................. 146 4 552

term ............................................. 146 4 552powers and duties of............................... 146 5 553

election, in class A and first class counties (see ELEC-TION S) ...................................... 61 2 179

form ation, procedure .................................. 146 2 549petition, publication of.............................. 146 3 550boundaries of ..................................... 146 3 550

organization authorized ................................ 146 1 548Drainage,

of highways authorized................................. 32 1 116Drainage districts,

commissioners of, election of. when and how held ......... 52 1 161elections in "A" and first class counties, (see ELECTIONS) 61 2 179elections, general,

notice of, posting................................... 52 1 161board, selection and compensation of ................... 52 1 161when and how held................................ 52 1 161

Improvement districts,apportionment,

appeal from decision of............................. 157 1 623procedure of, when regularity of conclusive .......... 157 2 625

counties,judgments against, districts liable for, when .......... 157 3 626

elections in "A" and first class counties (see ELECTIONS) 61 2 179improvement,

powers of board of supervisors to make............... 157 5 629in two or more counties,

apportionments separate ........................... . 157 6 630procedure ......................................... 157 6 630

without organization,improvement,

assessments, collection of ....................... .160 2 647authorized .................................... 160 1 646expense, apportionment of. ..................... .160 2 647petition, hearing on............................. 160 2 647report of county engineer....................... .160 2 647state reclamation board may make............. .160 2 647

DISEASES,Advertising treatment of sexual, prohibited .................. 168 1 661

DISTRIBUTION,Of water for irrigation (see IRRIGATION) .................. 106 1 313

DIVISIONS OF STATE DEPARTMENTS (see ADMINISTRA-TIVE CODE and specific departmental headings).

DIVORCE,Act not retroactive........................................ 109 3 333Appeals, from interlocutory orders .......................... 109 2 332Attachment, court may enforce orders by.................... 109 2 332Children,

files in original action, court may order.................. 109 4 334orders relating to, modification of ....................... 109 4 334jurisdiction of, what courts have.... ................... 109 4 334petition to modify or change order affecting,

hearing thereon ................................... 109 4 334order on ......................................... 109 4 334

copy filed in original county..... .............. .109 4 334(818)

ELECTIONS.

Ch. Sec. PageDOGS (see GAME AND GAME FISH) .......................... 37 14 134

DOUGLAS COUNTY, appropriation, for local improvement as-sessments ............................................. 88 1 232

DRUGLESS EXAMINERS, STATE BOARD OF (see ADMINIS-TRATIVE CODE).

Relief appropriation ....................................... 8 1 70

DRUGLESS PRACTITIONERS FUND,Abolished ................................................. 81 1 223

DRUGLESS HEALERS, BOARD OF (see ADMINISTRATIVECODE).

DWELLINGS, private, search warrant necessary................ 71 1 207

EASTERGREN, A. E., relief appropriation...................... 155 2 581

EASTERGREN, MALENA, relief appropriation.................. 155 2 581EDUCATION,

Cities incorporated, each constitutes school district .......... 101 1 297County superintendent of schools, victory and admission day, to

aid in observance of............................... 56 3 172Higher learning,

joint board of, created. . ....... .......... 85 1 227tax levy for, state board of equalization to make .......... 142 1 528

High schools,adjoining districts,

tuition charged for attendance from................ 44 1 150payment of to county treasurer................ 44 1 150

Joint board of higher curricula,recommendations to legislature of levy .................. 142 1 528

Normal schools (see'NORMAL SCHOOLS).School districts,

cities incorporated, each constitutes..................... 101 1 297boundaries, extension or change, affect.............. 101 1 297

State superintendent of public instruction,victory and admission day, to aid in observance of ........ 56 3 172

Victory and admission day,county superintendent of schools to aid in.............. 56 3 172designation of ........................................ 56 1 171observance of by public schools........................ 56 2 171state superintendent of public instruction to aid in...... 56 3 172

EFFICIENCY, DEPARTMENT OF (see ADMINISTRATIVECODE),

Appropriation ............................................. SS 1 232Director of,

American legion records, to audit ........................ 29 6 100appropriations .......................................... 108 20 320highway police, to appoint............................. 108 17 329

ELECTIONS (see CITIES AND TOWNS; DIKES AND DRAINS;IRRIGATION DISTRICTS; PORT DISTRICTS; SCHOOLSAND SCHOOL DISTRICTS; STATE VOTING MACHINECOMMITTEE under ADMINISTRATIVE CODE).

Absent voting authorized................................... 143 1 529affidavit of voter....................................... 143 2 529ballot,

canvass of ........................................ 143 6 535return and preservation of.......................... 143 4 533unused, to be surrendered.......................... 143 5 534

registration certificate ................................. 143 2 529voting, manner of ...................................... 143 3 530

(819)

ELECTIONS.

ELECTIONS-CONTINUED:Counties,

in class "A" and first class.all municipalities in, time of holding...............Congress, to fill vacancies..........................term of office in..................................time for holding...... ............................vacancies in congress, elections to fill ................

in other than class "A" and first class counties,officers of election, appointment.....................

conduct of election by..........................polls, selection of places for........................

hours open ....................................supplies, providing of ..............................time of holding....................................

County auditor to furnish poll books........................

General,polls, opening and closing, hours of ....................poll books, county auditors to furnish ..................

Indebtedness, validation of for sixth class counties............funding, for ..........................................ratification of ........................................

Nominations,candidates, list of.....................................

publication of ....................................certificate of, preservation of ............................

filing, tim e for.....................................conventions,

county,advisory platform committee, to select members ofdelegates, duties of............................

party primary to select....................election of delegate............................

ballot box ................................board of .................................notice of .................................poll list to be kept.........................ticket ....................................

party primary, qualifications of voters ...........platform , to adopt..............................w hen held ....................................

state,call for to issue...............................powers and duties..............................w hen held ....................................

county committee,delegates, to determine number......................meeting of, when and where held....................pow ers ...........................................precinct committeemen constitute ....................rules and regulations governing selection of delegates

declination of .........................................judges, m ethod of......................................

ballot, designated as non-partisan ...................form of ......................................

to fill vacancies....................................

Ch. Sec. Page

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(820)

ESCHEATS.

ELECTIONS-CONTINUED:Nominations, Ch. Sec. Page

platform,county convention to adopt......................... 176 9 688state advisory committee to submit................. 176 11 688

precinct committeemen,county committee, to constitute...................... 176 1 682declaration of candidacy, filing and fee .............. 176 1 682election of ........................................ 176 1 682

primary election,return of, how made............................... 178 5 702

state committee,consists of one committeeman from each county.....176 1 682pow ers ............................................ 176 1 682

violations, punishment .................................. 176 16 692Poll books, county auditors to furnish.......................178 8 605Polling places, United States flag to be displayed ............ .. 68 1 20Polls, opening and closing, hours of ........... .............. .. 178 7 605Port districts, to enlarge (see PORT DISTRICTS) ........... .130 ... 485Primary,

voting, m anner of.......................................177 1 692voters, qualifications ................................... 177 1 692party affiliation ........................................ 177 1 692

Registration, of voters......................................177 2 693application for ........................................ 177 7 698declaration of political faith.............................177 6 696notice for registration...................................177 5 695oath on ............................................... 177 7 698opening of books.......................................177 3 693

poll books, when open...................................177 4 694where kept ........................................177 4 694

registration books, form and arrangement of ............. 177 6 696registration officer......................................177 4 694

United States flag, display of, at.............................68 1 203Voting machines, supplies for...............................178 6 703Water distribution districts (see IRRIGATION) ............... 106 18 317

ELECTRIC LIGHT AND POWER,Apparatus and construction, time for changing .................. 20 1 so

ELLENSBURG NORMAL SCHOOL,Appropriations............................................ 8 1 70

155 2 581Fund, tax levy for .......................................... 142 1 528

EMINENT DOMAIN, for state highways .......................... 32 1 116

EMBALMERS EXAMINING BOARD (see AD-MINISTRATIVECODE).

EMPLOYEES (see ADMINISTRATIVE CODE),Defense of, In actions against state employees, when authorized 79 2 220

EQUALIZATION, of assessments (see IRRIGATION DISTRICTS) 129 12&13 447

EQUALIZATION, STATE BOARD OF (see ADMINISTRATIVECODE),

Appropriation .............................................. 155 2 881

ERICKSON, WM., relief appropriation ........................... 155 2 581

ESC1EATS,Attorney general, powers and duties relating to................7 120 62

(821)

EVIDENCE.

Ch. Sec. Page

EVIDENCE, of advertising treatment for sexual diseases ........ 168 2 662

EXAMINATION, of officers, boards, etc. (see ADMINISTRATIONCODE) ............................................... 7 128 65

EXCISE TAX (see LIQUID FUEL)............................. 173 ... 669

EXPENDITURES, in excess of appropriation, when authorized.... 7 15 15

EXPERIMENT STATION (see AGRICULTURAL EXPERIMENTSTATION).

FAIR (see STATE FAIR).

FARM MARKETING(See WASHINGTON CROP CREDIT ACT)................. 121 ... 384Director of, powers and duties of, vested in director of agri-

culture ........................................... 7 90 48Of products (see Marketing Products, under AGRICULTRUE) 115 ... 357

FEES,Attorneys at law, admission............................... 126 . . 407Banks and trust companys, for examination of ................ .73 1 211Clerk of Superior Court (see CLERK OF SUPERIOR COURT),

verdict, filing abstract of ..... ........................ 65 3 200Deed, on sale for delinquent assessments of irrigation districts.. 129 21 458Filing articles of incorporation of marketing products associa-

tions ............................................. 115 30 172Inspection of agricultural commodities...................... 74 1 212License (see specific titles),Motor vehicles (see MOTOR VEHICLES).Tuition,

high schools, pupils from adjoining districts to pay ......... 44 1 150normal schools ........................................ 136 1 492State college .......................................... 164 1 654University ........................................... 139 ... 499

Washington crop credit associations.......................... 121 ... 384

FEDERAL AID ROAD CONSTRUCTION (see HIGHWAYS) ...... 89 1 235Appropriation for ......................................... 89 2 235

FERRIES,Interstate authorized ..................................... 165 1 656

FINANCE, STATE BOARD OF (see ADMINISTRATIVE CODE),Appropriation .............................................. 155 2 581

FIRES,Closed season for (see FORESTS) .......................... 102 2 300Forest, protection against (see FORESTS) .................. 64 1 196

FISH (see DEPARTMENT OF FISHERIES AND GAME underADMINISTRATIVE CODE; GAME AND GAME FISH).

Appliances, right to operate on location .................... . 7 111 59license, renewal of authorized .......................... 180 1 710

Bond for payment of catch tax............................. 63 3 192licensee to make reports............................... 63 3 192

By-products, license for.................................... 63 1 183Catch tax, am ount of....................................... 63 2 188Bond for paym ent of...................................... 63 3 192Closed seasons, violations of................................ 63 1 183Columbia river regulations ................................ 63 1 153

(822)

FISH.

FISH-CONTINUED:Commissioner, powers and duties of,

vested in director of fisheries and game ..................

vested in director of licenses............................Contracts for fish and fish eggs authorized..................Corporations, license to....................................Dealer, license required of..................................

Fees (see LICENSES, this title),in addition to license fee..............................

bond for payment of, required ......................

Fisheries fund, creation and purpose ........................Food fish,

license to take, qualifications of licensee................preservation of .......................................

Fund, created; use of......................................Hatcheries,

control of ...........................................license for ............................................Pierce county may erect................................private, defined .......................................

spaw n, sale to.....................................H ook and line, license for..................................Hotel keeper, to have license, when..........................Indians,

license to authorized....................................Prosser Falls, m ay fish at.............................

Jigger, use of, when permitted without license................Law s repealed ............................................Licensee of appliances to make reports and give bond .........Licenses,

application for, filed with state treasurer................fees to accompany.................................

broker's ..............................................director of licenses to Issue..............................districts to be specified in..............................fees in addition to....................................food fish, taking of, who entitled to license for............hatcheries ............................................hook and line..........................................issue of, by director of licenses.........................manufacturer of by-products ............................n ets . ......... .... ........ .... .... ........ .. .. ........retail dealer ..........................................restaurants, to have, when............................to catch ..............................................to deal In .............................................w holesale dealer ......................................

Location, holder of, right to operate appliances ..............N ets, license for...........................................Oysters, license for........................................Pierce county game commission,

permit to erect fish hatchery..........................Polution of waters unlawful................................

perm its authorized ....................................Propogation, unlawful to take for, exception................Repeal of laws relating to..................................

Ch. Sec. Page

7 116 60117 71

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(823)

FISH.

FISH-CONTINUED: Ch. Sec. PageReports, licensees of appliances to make..................... .63 3 192Restaurants, to have licenses, when ........................ 63 1 183Retail dealer in, to have license ............................ 63 1 183Rules and regulations relating to.......................... .. 7 111 59

state fisheries board may make ........................ 180 11 715Sale, persons authorized to take for ........................ 180 3 712Salmon, fees in addition to license fee....................... . 63 2 188Sea lions, bounty for killing................................ 180 8 714Seals, bounty for killing................................... 180 8 714Spawn, director of fisheries and game may sell to private

hatcheries ........................................ 180 7 714Supply, impairment of, prohibited .......................... 180 10 715Tax, in addition to license................................. 63 2 188

paym ent .............................................. 63 3 1924 712

V iolations ................................................ 180 5 7136 713

W aters, pollution of. unlawful.............................. 130 6 713permits authorized .................................... 180 6 713

FISH COMMISSIONER, STATE (see ADMINISTRATIVE CODE).

FISHERIES AND GAME, DEPARTMENT OF (see ADMINIS-TRATIVE CODE),

Appropriations ............................................. 155 2 581in lieu ............................................... 18 1 84

Director of,open season, may determine ............................ 37 3 123powers and duties of,

county game warden, supervision of ................ 37 1 120game and game fish................................ 37 1 120to classify gam e fish................................ 3 7 1 120

state game fund, apportionment of ....................... .37 3 123Game and game fish, division of,

supervisor of,to appoint

county game commission, when. ................... 37 1 12@deputy state game wardens..................... .37 3 123

to audit claims against state game fund .............. 37 3 123to call meetings of advisory committee of state associa-

tion of county game commissioners and wardens... 37 3 123to fix salaries of deputy state game wardens .......... 37 3 123

FLAG, BENTON L., relief appropriation......................... 155 2 581

FLEET, CAPT. R. H., relief appropriation ........................ 155 2 5581

FLOOD PREVENTION,1 101

Counties given powers ..................................... 30 2 101

L 3 101No right of action against counties .......................... 185 1 747

FOODS, FEEDS, DRUGS AND OILS, DIVISION OF (see Depart-ment of Agriculture, under ADMINISTRATIVE CODE).

FOREST COMMISSIONERS (see ADMINISTRATIVE CODE).

FORESTER, STATE (see ADMINISTRATIVE CODE).

(824)

FUNDS.

FORESTS, Ch. Sec. PageFires,

closed season for....................................... 102 2 300fallen timber

appropriation for .................................. 67 1 202exposure to fire hazard unlawful.............. . ...... 67 1 202governor may appoint agents, etc.................... 67 6 203rules and regulations,

governor may prescribe.......................... 67 2 202non-compliance unlawful ..... ... ............ . 61 4 202publication of ................................. 67 3 202

perm it. for............................................ 102 2 300protection against,

cost of, how assessed and collected................... .64 1 196lien upon property.............................. 64 1 196

owners to provide.................................. 64 1 196public nuisance,

cut-over land may be......................... 64 2 198state forester,

to furnish bond................................ 64 1 196to provide protection in case owner does not...... 64 1 196

setting of, during closed season, unlawful................. .102 3 301warnings, removal of, unlawful .......................... 102 3 301wardens, appointment and headquarters of ............... .102 3 301

W ardens, fire, appointment of............................... 102 1 298headquarters at county seat............................. 102 1 298

Reforestation,appropriation for...................................... 169 5 664lands examined for.................................... 102 1 298

lands may be acquired for.............................. 169 1 662

lands reserved from sale for............................ 169 2 663logged-off lands to be reported annually .................. 169 4 663seeding and developing for.............................. 169 3 663

FORESTRY (see department of conservation and development underADMINISTRATIVE CODE).

FORFEITURE,Budget system, failure to file statements required............. .40 1 140

Lands held by aliens....................................... 50 .. 156Of right of way for logging....... .......................... 55 1 169

FORMS,Director of licenses may prescribe........................... 7 97 52

FORSTELL, JOE, appropriation for judgment of.................. 155 2 581

FRANCHISES,For pipe lines, etc., on highways (see PUBLIC SERVICE) .... 80 1 221

FRANK WATERHOUSE & COMPANY .......................... 155 2 581

FRATERNAL,Insurance (see INSURANCE).............................. 62 1 182

FUEL (see LIQUID FUEL).................................... 173 ... 669

FUNDING,Indebtedness, counties, sixth class........................... 54 1 167

FUNDS,Adult blind, revolving...................................... 72 7 210Bellingham Normal, levy for.................... 142 1 528Cheney Normal, levy for.................................... 142 1 528

(825)

FUNDS.

FUNDS-CONTINUED: C.Cities, current expense......................................127

Indebtedness ........................................... 127College, current fund........................................164Depositors guaranty ..................................... . 97Disbursements by state treasurer only when appropriated, con-

stitutional amendment .................................. 14Drugless practitioners, abolished............................. . S.

Ellensburg Normal, levy for..................................142Fisheries .................................................. 180Game, county and state...................................... 7Highways,

safety ................................................. 108permanent maintenance ............................... 95road improvem ent ...................................... 159

Industrial aid to the adult blind.............................. 72Irrigation,

bond ................................................. 129bond redem ption ................................ ....... 129capital ............................................... 129construction .......................................... 129contract .............................................. 129coupon warrant.......................................129expense ............................................... 129revolving ............................................. 129

Motor vehicle............................................. 96Permanent, common school, alien land forfeiture inure to......Port districts.............................................179Public service, revolving.....................................113State college, levy for ...................................... 142State institutional, revolving...............................University, levy for ......................................... 142

FURGUSON CONSTRUCTION COMPANY,Appropriation, permanent highway No. 2 H l.................. 8

GAME AND GAME FISH (see FISH).Alien, license to .............................................. 37Artificial light, use of prohihited ............................... 87Avocets, closed season, hours for hunting .................... 3

Bag limit, notice of,migratory birds, not to apply to ......................... 3publication.............................................. 2

Bear, closed season for ....................................... 37Birds,

eggs of, destruction prohibited ...........................migratory, open season for.............................

hours for hunting.................................shooting while in lakes, rivers, etc ...................

nests, destruction of, prohibited ..........................upland, open season for.................................

Island county, removal from, fee ....................San Juan county, removal from, fee ..................shortening or closing season........................

Bonds, appointees of county game commission to give ..........Brant, closed season ........................................

hours for hunting......................................Caribou, closed season .....................................Classification of, notice of...................................

(826)

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GAME AND GAME FISH.

GAME AND GAME FISH-CONTINUED:Closed season, Ch. Sec. Page

upland birds .......................................... . 37 5 128m igrating birds......................................... 37 6 129possession permitted after, when......................... .. 37 8 129

tagging or stamping for identification ................ . 37 8 19

Condemnation,for hatchery sites........................................ 7 3 123for rights of way....................................... 37 3 123

Coot, closed season.......................................... 3- 6 129hours for hunting........................................ 37 6 129

County game commission,appointees of, to give bonds.............................. 37 123appointm ent of . ........................................ 37 1 120county warden, to appojnt................................ 37 1 120enforcement of laws relating to.......................... .37 2 122expenses of, from what fund payable.................... .. 37 3 123offices of, in courthouse.................................. 37 2 122powers and duties generally.............................. 37 3 123seasons, application to open, close, shorten or reopen......37 3 123

tim e for m aking..................................... 37 3 123notice of closing, shortening, etc...................... 37 3 123

County game fund,claims against, audit of...................................37 3 123fines to be paid into....................................... 7 18 136game commissioners paid from.......................... .37 3 123warden paid from ....................................... 37 1 120

Curlews, closed season, hours for hunting.................... .37 6 129County auditor, license, to issue, fee for........................37 9 131

Deer, closed season..........................................37 8 129hunting, where permitted, limit...........................37 8 129Island county, removal from, fee ......................... 37 3 129San Juan county, removal from, fee......................37 3 123shipment of............................................37 8 129

Destructive animals, killing of................................ 37 12 134Director of fisheries and game (see department of fisheries and

game under ADMINISTRATIVE CODE),annual report to governor................................ 17 % 122enforcement of laws by.................................. 37 2 122supervision of .......................................... 37 1 120

Dogs, use of in woods, unlawful............................... 37 14 134Eggs, destruction prohibited................................. . . . 5 128Elks, closed season........................................... 37 8 129

bunting permitted after 1925, limit....................... .37 8 129Fines, to be paid into county game fund...................... . 37 18 136Fish, lim it of catch.......................................... 37 7 129

distribution of to counties................................ 37 1 120hatcheries, control of.....................................37 3 123salmon eggs, use of for bait.............................. 37 7 129

Funds,county gam e .......................................... 37 3 123state game ............................................. 37 3 123

Fur bearing animals, license for trapping................... 37 9 131

permit for trapping.3.6 337 16 135

Groset cod seasin3 ...................................... 16 128

G r us , cl se ea on . .. .. . .. .. . .. .. . .. .. . .. . 3 7 6 129

(827)

GAME AND GAME FISH.

GAME AND GAME FISH-CONTINUED:Hatcheries, Ch. Sec. Page

control of . ............................................. 37 3 123site for, county game commission may acquire........... .37 3 123

Highways, shooting along or across prohibited................ .37 13 134Identification, stamping for, of game retained after season closes 37 8 129Importation of,

license fee for ......................................... 37 1 120regulated by director of fisheries and game............... 37 1 120

Island county,permit to remove deer and upland birds from. fee required. 37 3 123

Laws repealed ............................................ 37 19 136Licenses,

aliens ..........-...-..-.............................. 37 9 131County auditor to Issue................................. . 37 9 131Fees for .............................................. 3 7 9 131importation, fee for .7...... 7 1 120issuance of by county auditor........................... 37 9 131necessity for .......................................... 37 9 131non-residents may obtain............................... .7 .9 131trapping fur bearing animals............................ 37 16 135

Light, artificial, not to be used In hunting.................... 37 15 135Limit,

bag limit ............................................. 37 3 123game ................................................. 37 8 129gam e fish............................................. 37 7 129

Keeping of, after season closed, permitted when............... .37 8 129Migratory birds (see birds, this title),

bag limit, notice of, publication, when necessary ........... 37 3 123killing unlawful, when .................................. 37 6 129

Minors, license to fish and hunt, when unnecessary............ 37 9 131Moose, closed season ....................................... 37 8 129

hunting permitted after 1923, limit...................... 37 8 129Mountain "oat, closed season... ...................... 37 129Mountain sheep, closed season.............................. 37 8 129Nests, destiuction pr"!ibited................................ 37 5 128N otice, of season, etc....................................... 37 3 123Open seasons, for shooting, director of conservation and devel-

opment may suspend.................................... 7 68 38Ornamental purposes, retaining game for, after closed season.. 37 8 129Oyster catcher, hours for hunting........................... 37 6 129Partridge, closed season .................................... S7 5 128Permits,

Island county, removal of upland birds and deer from, fee. 37 3 123San Juan county, removal of upland birds and deer from,

fee . .............................................. 37 3 123Phaloropes, closed season, for hunting ........................ 37 6 129Pheasant, closed season.................................... 3T 5 128Plover, closed season, hours for hunting...................... 37 6 129Prairie chicken, closed season............................... 37 5 128Predatory birds, not protected.............................. 37 12 134Preserves, county game commission may set land aside for.... 37 3 123Propagation and preservation of

County game commission, powers relating to............. 37 3 123Director of fisheries and game control.................... 37 1 120

Public lands, setting aside for game preserves................ 37 3 123Quail, closed season ........................................ 37 5 128Rail, closed season, hours for hunting........................ 37 6 129

(828)

GEOLOGIST, STATE.

GAME AND GAME FISH-CONTINUED: Ch. Sec. PageRailroads, shooting along or across prohibited................ 37 13 134Repealed laws............................................. 37 19 136Reports,

County warden to make annually........................ 37 2 122Director of fisheries and game to make annually ........... 37 2 122

Rules and regulations, violations of, misdemeanor............ 37 3 123Sage hen, closed season .................................... 37 5 128Sale of property unlawfully used............................ 37 3 123Salmon eggs, use of, when unlawful.......................... 37 7 129Sandpiper, closed season, hours for hunting.................. 37 6 129San Juan county,

Permit to remove deer and upland birds from..... ....... .37 3 123Seasons,

Applications to open, close, shorten, etc.................. 37 3 123fixed ................................................. 37 5 123notice of opening, closing, etc........................... 37 3 123

Seizure of dogs, guns, nets, etc., unlawfully used................3T 3 123Shooting,

from air craft prohibited............................... .37 13 134from railroad speeder prohibited........................ 37 13 134upon railroad, prohibited............................... 37 13 134from vehicle prohibited................................. 37 13 134migratory birds on lakes, rivers, etc...................... 37 17 135upon highway prohibited............................... 37 13 134

Skagit county, one buck deer may be killed in................ 37 8 129Snipe, closed season, hours for hunting...................... 37 6 129Snohomish county, one buck deer may be killed in............ 37 8 129State association of county game commissioners and game

wardens.meetings, expenses in attending......................... 37 3 123purpose of ............................................ 37 3 123

State game fund,apportionment of ...................................... 37 3 123claims against, audited by supervisor of game and game fish 37 3 123expenses of advisory committee paid from ................ .. 37 3 123

State game warden, deputy, salary fixed by supervisor of gameand game fish......................................... 37 3 123

Stilts, closed season, hours for hunting....................... 37 6 129Trapping, fur bearing animals, license or permit for........... .37 16 135Turnstone, closed season, hours for hunting.................. 37 6 129Warden, county,

appointment and salary of ................................. 37 1 120supervision of......................................... 37 1 120report of to director of fisheries and game................ 37 2 122transfer to another county.............................. ,7 1 120

Waterfowl (see Migratory birds, this title).Whatcom county, one buck deer may be killed in.............. . 7 8 129Wild duck, closed season .................................... 37 6 129

hours for hunting...................................... 37 6 129Wild goose, closed season................................... 37 6 129

hours for hunting...................................... 37 6 129Wild turkey, closed season .................................. 37 5 128Women, license to fish and hunt not required................. 37 9 131Yellow-legs, closed season, hours for hunting.................. 37 6 129

GARDLIN, EDWARD, relief appropriation ...................... 155 2 581GEOLOGIST, STATE (see ADMINISTRATIVE CODE).

(829)

GEOLOGY.

GEOLOGY (see ADMINISTRATIVE CODE).GIFTS, port districts may receive ...............................

GOVERNOR (see ADMINISTRATIVE CODE),

Abandoned highway, authorized to convey toAda Thorne and others.................................Weyerhaeuser Timber Company.........................

Adjutant General appointment ..............................

Appropriations,deficiency ............................................m ansion ..............................................office .................................................taxation, investigation of...............................

Directors of departments, to appoint .........................

Fire prevention in fallen timber,may appoint agents, etc......................may prescribe and publish rules and regulations ....... I

Fisheries board, state, to appoint............................Institutional board of health, to appoint member of ..........Licenses, examining committee for, to appoint................

Member of state,administrative board, chairman .........................capitol com m ittee......................................equalization com m ittee.................................finance com m ittee......................................highway comm ittee.....................................

Transfer of books, records, etc., when office abolished, to de-term ine ..............................................

Parole board, to appoint....................................

Quarantine regulations,approval in w riting....................................proclamation giving boundaries, publication of ............

Records to be kept by......................................Taxation, investigation of authorized ........................

appropriation for......................................assistants, may employ.................................report on, to m ake.....................................

U. S. Senator, to appoint in case of vacancy..................

GRAIN AND HAY,

Appeals from grade standards, notice of ......................Federal grain supervisor, appeal to ..........................

to issue certificates....................................Grade standards, appeals from ..............................Grades for, standard.......................................

change of, hearings on.................................furnishing of copy.....................................

Inspection, at shipping point................................points of..............................................

Inspectors, appointment, bond and oath ......................chief deputies, designation of ............................

Loading facilities..........................................Railroad companies, penalty for violation ....................Side tracks, scales..........................................V iolations, penalties........................................

Ch. See. Page

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(830)

HIGHWAYS.

GRAIN AND HAY-CONTINUED:Warehouses, Ci. Sec. Page

change or alteration of................................. 145 4 543receipts, issuance...................................... 145 4 543reports, annual and special.............................. 145 5 544standard grades for .................................... 144 1 536

GROTE, JOE, relief appropriation........... ................... .. 155 2 581

HARBOR IMPROVEMENT, appropriation for .................... 155 2 581

HATCHERY,License fee for (see FISH)........ ........................ 63 1 183Pierce county, permit to erect............................... z3 1 90

HAY (see GRAIN AND HAY).

HEALTH (see ADMINISTRATIVE CODE),Appropriations to director of department..................... 155 2 581

HEARINGS (see specific departments under ADMINISTRATIVECODE),

Franchise for pipe lines, etc., on highways (see PUBLIC SER-VICE) ............................................... 80 1 221

HIGHER CURRICULA, joint board of, created............... 85 1 227

HIGHER LEARNING (see EDUCATION).

HIGH SCHOOLS (see EDUCATION) ........................... 44 1 150

HIGHWAYS,Abandoned,

conveyance to Weyerhaeuser Timber Company ............ 91 1 240quit claimed to Ada Thorne.............................. 27 1 94

Appropriations,Aberdeen improvement assessment...................... 155 2 581completion of contracts, etc............................. 9 1 74federal aid............................................ 89 2 235permanent ............................................ 5 1 9primary maintenance.................................. 86 1 228primary and secondary............... .................. 86 2 228re-appropriation ....................................... 4 1 7

Closing roads on streets being damaged by travel,authorized ............................................ 21 1 87notice of .............................................. 21 2 87penalty for violation................................... 21 3 88

Construction by day labor, where authorized .................. 86 3 230County commissioners, are county road supervisors............ 154 1 580

Counties,primary state highways, plan for work to be approved by

supervisor of highways............................. 19 19 85roads outside of, expenditure for authorized .............. 186 1 748

Damage by pipe lines, etc., on.............................. 80 3 222Day labor authorized, where................................ S6 3 230Dikes, may establish highways across and along .............. 134 1 490

procedure ............................................ 134 1 490

Federal aid road construction,appropriation for...................................... 89 2 235federal fund, receipt and disbursement .................. 89 1 235

Franchises, for pipe lines, etc., on (see PUBLIC SERVICE)... 80 1 221Improved at expense of land benefited,

appraisers, report of ................................... 159 1 635

(831)

HIGHWAYS.

HIGHWAYS-CONTINUED:Improved at expense of land benefited, CA.

assessments,collection of...................................... 159damages deducted from............................ 159excess of damages, warrants for.................... 159invalidity of, re-assessment......................... 159

payment of,In annual installments, when.................... 159without interest................................ 159

bond issue, when authorized ............................ 159how paid.......................................... 159

plans, amendment of................................... 159police, appointment of.................................. 108re-assessment, when .................................... 159report of appraisers.................................... 159

hearing on........................................ 159

McClellan Pass, change of name of.......................... 34Motor vehicles (see MOTOR VEHICLES).Naches Pass, change of name to............................. .34

Permanent,bonds of county for.................................... 95fund, disposition of..................................... 95fund, maintenance...................................... 95tax for................................................ 95

Primary state, county plan for construction, supervisor to ap-prove . ................................................ 19

Railroad crossings,change of, petition for.................................. 138

apportionment of costs............................. 138hearing on........................................ 138

Rights of way for,Bellingham Normal school lands ......................... .66

Routes for state highways, determination of .................. 35Safety fund created........................................ 108Shooting upon, prohibited................................... 37Spokane county, conveyance to, for.......................... 98State, drainage of,

authorized ............................................ 32costs for, from what fund payable....................... 32right of eminent domain for............................. 32right of way for, how acquired .......................... 32

costs for, from what fund payable ................... .32Supervisor of,

county plans for primary state, to be approved by......... .19may acquire land for highways and drainage thereof...... 32

Vehicles, weight of......................................... 96

HIGHWAY COMMISSIONER, STATE,Closing of state roads being damaged by travel ............... .21

director of public works may exercise power ............. .21notice of ............................................... 21penalty for violations.................................. 21

HOLQUIST, JOHN VICTOR, relief appropriation ................. .155

HONEYMAKER, CHAS., appropriation for judgment of ........... 155

HOOPER, ARTHUR L., relief appropriation..................... 155

(832)

Sec. Page

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581

HYDRAULIC ENGINEER, STATE.

HORTICULTURE (see division of, under ADMINISTRATIVECODE), Ch. Sec. Page

Action to restrain violations................................ 141 12 526Director of agriculture, powers relating to............ ...... 141 2 509Fruit boxes,

alterations or misuse of labels.......................... 141 6 519grade markings........................................ 141 6 519rules and regulations, violations of ...................... 141 7 521

hearings .......................................... 141 7 521publication of...................................... 141 7 521

Inspections,authorized.............................................141 13 527certificate of........................................... 141 10 525fees for ............................................... 141 10 525

disposition........................................... 141 13 527of nursery stock shipped................................ 141 9 523

Inspectors, local and at-large,appointm ent .......................................... 141 5 2 509

3 512salary paid by whom................................... 141 3 512territory covered by .................................... 141 3 512

Nursery stock.inspection of, when shipped .............................. 141 9 523

certificate of.................................... _.141 10 525fees for........................................... 141 10 525

Pests,destruction of infected parts............................ 141 8 523disinfection for.

expenses, when charged as taxes.................... 141 5 515evidence, record of disinfecting officer is prima face... 141 5 515hearing on report of, notice of ....................... 141 5 515payment of expenses............................... 141 5 515report, filing of, when .............................. 141 5 515

enumerated ........................................... 141 4 513eradication, method and means of ....................... 141 4 513terms defined.......................................... 141 1 507

Protection of (see Protection under AGRICULTURE) ......... .105 . . . 308Terms defined............................................. 141 1 507Violations, penalty for................................. ..... 141 11 526

action to restrain...................................... 141 12 526fines, disposition of .................................... 141 11 526

Weeds (see WEED DISTRICTS) ............................ 150 ... 563HOSPITALS,

Insane, appropriations...................................... 155 2 581Tuberculosis, appropriations................................ 155 2 581

HOTELS, license for serving fish, when .......................... 63 1 183HOTEL INSPECTORS (see ADMINISTRATIVE CODE).

HOWE, HERMAN, appropriation for judgment of ................ 155 2 581HOWELL. WILLIAM, relief appropriation....................... 155 2 581HUNTER, W. M., relief appropriation............................ 155 2 581HYDRAULIC ENGINEER, STATE (see ADMINISTRATIVE

CODE),Irrigation districts, to advise county commissioners regarding.. 129 1 422Water distribution districts,

petition for, approval of................................ 106 3 314plans for improvement, to supervise outlining............. 106 12 317trustees of, to be appointed by .......................... 106 6 315

-27 (833)

HYDRAULICS.

-HYDRAULICS, division of (see Department of conservation and de-velopment under ADMINISTRATIVE CODE). Ch. Sec. Page

HUSBAND AND WIFE (see DIVORCE) ........................ 109 ... 331

INDEBTEDNESS,Computed by taxing districts, how...........................123 1 400Counties, sixth class, validation of ........................... 54 1 16TIn excess of appropriation, when authorized......................15 15

INDIANS,

License to fish authorized...................................180 1 710Prosser Falls, may fish at.................................. 58 1 173

IMPORTATION,

Quarantine regulations (see PROTECTION, under AGRI-CULTURE) ........................................ 5 105 4 310

105 .6 311

INDUSTRIAL AID TO THE ADULT BLIND,

Application for, form, hearing on........................... 72 4 208Appropriation for.......................................... 72 8 210County commissioners, board of

application, to hear.................................... 72 4 208fund, to provide........................................ 72 3 208order granting aid, rescission ........................... . 72 6 209

Fraudently procuring....................................... 72 9 210Fund, revolving............................................. 72 .7 210Labor and industries, director of. to promote.................. 72 2 208M arketing products of...................................... 72 7 210Monthly statement by adult blind........................... . 72 4 208Order granting aid, entry of................................ 72 4. 208

rescission of........................................... 72 6 209Persons entitled to......................................... 72 3 208Products, marketing of ..................................... 72 7 210Removal to another county no bar to aid..................... 72 5 209Revolving fund, created.................................... 72 7 210Supervisor of, appointment.................................. 72 1 207

application blanks, to furnish....................... 7- 4 207

INDIGENT (see SOLDIERS, SAILORS AND MARINES) ........ 41 ... 141

INDUSTRIAL INSURANCE DIVISION (see Department of Laborand Industries, under ADMINISTRATIVE CODE; WORK-MEN'S COMPENSATION).

Poll tax, to list employers.................................. 174 2 674

INDUSTRIAL RELATIONS (see Department of Labor and In-dustries, under ADMINISTRATIVE CODE).

INDUSTRIAL WELFARE COMMITTEE (see Department of Laborand Industries, under ADMINISTRATIVE CODE).

INHERITANCE,

Aliens (see Aliens) ........................................ 50 ... 156Tax,

Attorney General, powers and duties relating to........... 7 120 62exemptions for charitable purposes...................... 51 1 60

INSANE HOSPITALS, powers and duties relating to vested in di-

rector of business control.............................. 43 1 153

(834)

IRRIGATION.

INSANE PERSONS, Ch.Aliens to be deported....................................... 158Deportation of........................................... ( .158

158expenses of. how paid.................................. 158

Non-residents to be deported................................ 15SPermit to bring into state.................................. 158U. S. patients in state hospitals, contract for care of.......... 48

INSOLVENCY, of association for marketing agricultural products. 115

INSPECTION (see ADMINISTRATIVE CODE).Of agricultural commodities................................ 74

INSTITUTIONAL BOARD OF HEALTH,Procreation, sterilization to prevent......................... .. 3

expenses of, how paid.................................. 53

INSURANCE COMMISSION, STATE,Appropriations ............................................ 155

deficiency ............................................ 8

INSURANCE COMPANIES,Fire, lien on proceeds for personal property tax............... .117Fraternal. wartime organizations may write................. .62Health and accident policies,

standard provisions, approval and filing .................. 31specified .............................................. 31

Investments,domestic companies.

authority for m aking............................... 112benefits of......................................... 112capital, minimum.................................... 112hom e office........................................ 112lim itations upon.................................... 112loans on capital stock.............................. 112loans on policies .................................. 112outside state....................................... 112report of.......................................... 112residue and surplus................................ 112securities, nature of................................ 112title companies...................................... 112valuation of....................................... 112

foreign companies,capital, m inim um .................................. 112loans on policies..................................... 112

INTOXICATING LIQUORS,Penalties,

m anufacture or sale of................................. 122when not otherwise provided ............................ 122

(NTERLOCUTORY (see DIVORCE)............................ 109

IRRIGATION,Actions, rights in stream, pending............................ 103Appliances, interference with, unlawful...................... 103Appropriation of water, when allowed, permit ............ .. .. 103Crim es enum erated......................................... 103Districts,

actions to confirm bond issues or contracts with U. S....... 129courts, powers of.................................... 129procedure ......................................... 129

(835)

Sec.11232

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... 162

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303304305304

482483483

IRRIGATION.

IRRIGATION-CONTINUED:Districts, Ch. Sec. Page

assessments,collection of....................................... 129 23 460delinquent,

posting of list................................. 129 17 453

129 18 455sale of land for.............................. 129 19 455

129 20 458state lands not to be sold for .................... 129 2 425redem ption .................................... 129 21 458

equalization ...................................... 129 12 447m eetings for.................................. 129 13 447

levy for, failure to make............................ 129 14 448lien of............................................ 129 15 450special,

amount, how ascertained....................... .129 24 462elections to determine.......................... 129 24 462

when and how made............................... 129 11 445bonds,

authorized ....................................... 129 S 439confirmation of, by legal proceedings ................ 129 45 482

court powers.................................. 129 47 483procedure .................................... 129 46 483

coupons, payment of .............................. 129 22 460election for........................................ 129 8 439form of........................................... 129 8 439fund ............................................. 129 14 448paym ent of..................................... . 129 10 444

129 22 460proceeds, disposition of............................. 129 9 443redemption fund................................... 129 28 469re-issue .......................................... 129 8 439sale or pledge of................................... 129 9 443

boundaries,change of, authorized.............................. 126 32 472

effect of...................................... 126 32 472exclusion of lands........................... . 126 35 473

126 36 474petition for, notice of filing..................... 126 33 472record of...................................... 126 34 473

capital fund created.................................... 129 25 463confirmation of bonds or contracts with U. S. or state..... 129 45 482

procedure ........................................ 129 46 483condemnation of land authorized........................ 129 6 435contract fund, created.................................. 129 14 448construction fund, created.............................. 129 27 468contracts,

with U. S. or state,confirmation of................................ 129 45 482election on ..................................... 129 S 439

county assessor, to put name on tax roll................. 129 3 428county treasurer, to sell land for delinquent assessments. 5 129 18 455

129 19 455coupon notes, issue of .................................. 129 24 462coupon warrants, issue of.............................. 129 25 463

fund created ....................................... 129 14 448deed, on sale for delinquent assessments, fee for ........... 129 21 458

(836)

IRRIGATION.

IRRIGATION-CONriTNUED:Districts,

directors, Ch. Sec. Pagebonds of........................................... 129 4 430election of generally................................ 129 4 430

on formation of district...................... 129 1 422

129 3 428m eetings ......................................... 129 5 432oath ............................................. 129 4 430office ............................................. 129 5 432organization ...................................... 129 5 432powers and duties............................... 129 5 432

129 6 435secretary, appointment............................. 129 5 432term ............................................. 129 4 430vacancy, how filled.................................. 129 4 430

elections,bond issue......................................... 129 8 439in class "A" and first class counties .................. 61 2 179special assessments................................ 129 24 462United States contracts............................ 129 8 439

emergency expenditures in excess of authorized indebtedness 129 5 463equalization of assessments ........................... . 129 12 447

129 13 447expense fund, created................................... 129 14 448formation of,

boundaries,county commissioners to fix..................... 129 1 422

extending into another county............... 129 1 422corporations, may vote on...................... 129 3 428

county cbmmissioners, board of,boundaries, to fix............................... 129 1 422declare formation of............................ 129 3 428election, to conduct............................. 129 3 428petition, to hear................................ 129 1 422

election, conduct of................................. 129 1 422corporations may vote at....................... 129 3 428notice of, publication........................... 129 1 422voters, qualifications........................... 129 3 428

lands included,application to have............................. 129 1 422public, commissioner of public lands to consent or

object .................................... 129 2 425name, county commissioners to propose .............. 129 1 422order establishing.................................. 129 3 428petition for, contents................................ 129 1 422

bond to accompany, approval of................ 129 1 422commissioner of public lands, service on ......... .129 2 425hearing on, notice of ................. 129 1 422hydraulic engineer, service of notice on........... .129 1 422

publication of.............................. 129 1 422reciprocal rights with other states................... 103 3 305

funds,bond .............................................. 129 14 448bond redemption................................... 129 28 469capital ............................................ 129 25 463construction ....................................... 129 27 468contract .......................................... 129 14 448coupon warrant.................................... 129 14 448

(837)

IRRIGATION.

IRRIGATION-CoNTINUED:Districts,

funds, Ch. Sec. Pageexpense ........................................... 129 14 448revolving ......................................... 129 25 463treasurer to keep................................... 129 23 460

indebtedness; limitations upon........................... 129 25 463lands, exclusion of...................................... 129 35 473

assent to, when and of whom required................ 129 40 477assessments, refund of .............................. 129 44 481bondholders to give consent, when................... 1:9 40 477election, when necessary............................ 129 41 478

result, action of board on....................... 129 42 479order of exclusion.................................. 129 42 479

recorded ...................................... 129 43 481petition for........................................ T29 36 474

hearing on...................................... 129 38 476notice of, publication........................... 129 37 475order of directors.............................. 129 39 477

refund of assessments in case of .................... 129 44 481levy of assessments.................................... 129 14 448

failure to make.................................... 129 14 448lien, of assessment..................................... 129 15 450limit, of indebtedness................................... 129 25 463local improvement,

bonds, payment of.................................. 129 29 470Ieficiency ..................................... 129 29 470refunding authorized........................... 129 30 471election not necessary.......................... 129 27 468proceeds, disposition of .......................... 129 27 468redemption fund created.......................... 129 28 469

boundaries, establishment of ........................ 129 27 468construction fund created............................ 129 27 468contract with U. S. for .............................. 129 31 471cost of, how proportioned............................ 129 28 469district, resolution for.............................. 129 26 466

formation ..................................... 129 26 466hearing on, notice of ............................ 129 26 466

funds,bond redemption................................ 129 28 469construction ................................... 129 27 468

petition for, hearing on.............................. 129 26 466notice of....................................... 129 26 466

special assessment for cost.......................... 129 28 469U. S. contract with................................. 129 31 471

notes, issue of, when authorized.......................... 129 24 462property, title of....................................... 129 7 438

U. S., conveyance to................................ 129 7 438public, assessments against, how paid.................... 129 2 425redemption of lands sold for delinquent taxes.............. 129 21 458revolving fund, created.................................. 129 25 463

f 129 18 455sale of lands for delinquent assessments............... .. 129 18 455

129 20 458secretary of, oath and bond............................... 129 4 430special assessments,

amount of, how ascertained.......................... 129 24 462election to determine............................... 129 24 462

U. S., contract with..................................... 129 8 439warrants, issue of ...................................... 129 25 463

(838)

JUDGES.

IRRIGATION-CoNTINuED.Water distribution districts, Ch.

authorized by county commissioners...................... 106body corporate......................................... 106county commissioners, may create ....................... 106

petition for........................................ 106eminent domain, power of............................... 106hearing on petition for creation of ...................... 106

106

Wen

JACK,

JAMES,

JENSEIN

JOHNSO

notice of........................................... 106

hydraulic engineer, to approve petition .................... 106trustees, to appoint ................................ 106trustees, to approve expenses of..................... 106

improvement, plans for,authorized when................................... 106election on ........................................ f 106

) 106returns, canvass of............................. 106

expense of......................................... 106hydraulic engineer to outline........................ 106notice of election on................................ 106

indebtedness of, limitations.............................. 106m odification of......................................... 106petitions for creation of................................. 106

approval of, by hydraulic engineer .................... 106hearing on........................................ f 106

106

hydraulic engineer to approve in writing ............ 106map to be attached to.............................. 106notice of hearing on................................ 106sufficiency of....................................... 106w ho m ay file....................................... 106

tax levy for........................................... 106collection of........................................ 106disbursem ent of.................................... 106

atchee watershed reserve abolished ...................... 131

VILLIAM, relief appropriation ........................... 155

CHAS., M. D., relief appropriation ...................... 155

, HANS, relief appropriation............................ 155

N, SW AN E., relief appropriation....................... .155JOURNAL OF COMMERCE, relief appropriation.................. 8JUDGES,

Practice of law by, prohibited, exceptions .................... 126Superior Court,

juvenile jurisdiction..................................... 135judges, nomination of, how made ........................ 116

ballot, form of..................................... 116non-partisan, to be designated...................... 116vacancy, to fill..................................... 116

Supreme Court,nomination, how made..................................

ballot, form of.....................................non-partisan, to be designated......................vacancy, to fill.....................................

116116116116

Sec. Page1 313

11 3171 3132 314

11 3174 3145 3154 314

3 3146 3159 317

17 31913 31715 31816 319

18 32012 31714 318

10 3173 3142 3143 3144 3145 315

3 3143 3144 3143 314-2 314

7 3168 3169 3171 487

2 581

2 581

2 581

2 581

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5 409

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(839)

491373373373373

373373-373373

JUDGMENTS.

JUDGMENTS (see APPROPRIATIONS). Ch.Against county, when drainage and diking improvement district

liable ................................................. 157O n verdicts ................................................ 65Public service companys, against, for overcharges............. .110

JURORS,List of, how obtained and revised........................... . 26Poll tax of, to be deducted from pay, when ................... .174Verdicts of (see VERDICTS)............................... 65

JURISDICTION,Juvenile (see SUPERIOR COURTS)......................... 135Police justices, fourth class cities or towns.................. 70

JUVENILE COURTS (see SUPERIOR COURTS) ................ 135

KAISER PAVING COMPANY, relief appropriation............... 155

KELLER, DR. W. N., relief appropriation........................ 155

KING, D. H., appropriation for judgment of..................... 155

KNUTSON, GOTTFRIED, relief appropriation................... 155

LABOR, BUREAU OF (see ADMINISTRATIVE CODE).

LABOR, COMMISSIONER OF (see ADMINISTRATIVE CODE).

LABOR AND INDUSTRIES (see APPROPRIATIONS, ADMINIS-TRATIVE CODE),

Director of, to aid adult blind.............................. 72Supervisor of industrial relations, to appoint supervisor of in-

dustrial aid to the adult blind........................... 72LAND SETTLEMENT,

Reclamation board, powers of................................ 90Violations of act........................................... 90

LANDS (see ALIENS)......................................... 50

LAREEN, CARL A., relief appropriation........................ 155

LAW, PRACTICE OF (see ATTORNEYS AT LAW)............. 126

LAW EXAMINERS, STATE BOARD OF (see ATTORNEYS ATL A W ) ................................................ 126

Appropriations ............................................ 155

LAW LIBRARIAN,Appropriations ............................................ 155

LAW ISIBRARY (see ADMINISTRATIVE CODE).

LAWS, repeal of, relating to fish and fishing.................... 7LEASES, FOR BOOMING PURPOSES (see STATE LANDS) ..... 118

LEGAL NEWSPAPER (see NEWSPAPERS) .................... 99

LEGISLATIVE DISTRICTS, CHANGE OF IN SPOKANE COUNTY 5 47167

LEGISLATURE,Appropriations,

expenses ... ............................................. 1house and senate journals, indexing ...................... 155printing .. ............................................... 2

Consent of, for appointment of department directors........... 7LEUDINGHOUSE, GEORGE E., relief appropriation.............. .SLEVY,

Of assessments (see IRRIGATION DISTRICTS)............ 129

LEWIS, AMOS, appropriation for judgment of .................... 155

LEWIS COUNTY, CONVEYANCE OF STATE LANDS TO...... 78

(840)

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1 207

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2 581

... 407

... 4072 581

2 581

111

1

59

337

293

1 153... 659

1213

1

14

2

1

5581

612

70

448

581

219

LIENS.

LIBRARY, STATE (see ADMINISTRATIVE CODE), Ch. Sec. PageAppropriation ............................................. 155 2 581

LICENSES.Appeals,

revocation, from decision of............................. 7 106 57suspension, from decision of............................. 7 106 57to superior court, Thurston county....................... 7 106 57

Applications,fee to accom pany....................................... 7 105 57filing ................................................ 5 7 100 53

7 105 57Associations for marketing agricultural products .............. 115 29 372Chiropody, to practice (see CHIROPODY) ................... .120 ... 380Committee to hear charges against one holding,

appointm ent of.......................................... 7 103 55compensation of........................................ 7 103 55decision of............................................. 7 103 5D

Defined ............................. ................. 7 98 52Department of (see ADMINISTRATIVE CODE),

appropriations ........................................ 108 20 330155 2 581

director of,excise tax, duties relating to ........................ 173 . .. 669fishing licenses, to issue............................. 63 1 183motor vehicles, duties relating to....................5 96 . .. 251

108 ... 322Examinations for........................................... 7 99 52Excise tax (see LIQUID FUEL)............................. 173 ... 669Fees,

application to accompany............................... 7 105 57'how credited by state treasurer.......................... 81 1 223paym ent of........................................... . 7 100 53

7 105 57renew als .............................................. 7 102 54

Fish (see FISH),Form of, director of licenses may prescribe.................. 7 97 52Game (see GAME AND GAME FISH) ....................... 37 ... 120Hearings, against holder of licenses, how held................ .. 7 103 55Issue of................................................... 7 101 54Motor Vehicles (see MOTOR VEHICLES).Notice of renewal date...................................... 7 102 54Osteopathy (see OSTEOPATHY) ............................ 82 1 224Suspension of, appeal from decision of .......................... 7 106 57Renewal,

Certificate, issue of..................................... 7 102 54N otice of.............................................. 7 102 54

Revocation of, appeal from decision of .......................... 7 106 57State treasurer,

Applications to be filed with............................. 7 105 57Fees, to be paid to......................................5 7 105 57

7 100 53how disposed of.................................... 81 1 223

Washington Crop Credit association,permanent, fees for..................................... 121 10 386tem porary, fees for..................................... 121 7 385

LIENS,Taxation on personal property is, against fire insurance proceeds 117 1 377

(841)

LIEUTENANT GOVERNOR.

LIEUTENANT GOVERNOR, Ch. Sec. PageAppropriation ............................................. 155 2 581

LIGHT, artificial, not to be used in hunting...................... 37 15 135Seizure of, unlawfully used............................... 37 3 i23

LIQUID FUEL,Act, scope of............................................... 173 13 673Certificate of, distributors to file .............................. 173 3 670Collection of tax, when precluded by U. S................... 173 11 673

173 13 673Distributors,

certificate of, to be filed................................. 173 3 670m onthly statem ents..................................... 173 4 671records, to be kept by................................... 173 6 671

D efinitions ................................................ 173 1 669Exemption of exportations................................... 173 10 672Record of, distributor to keep............................... 173 6 671Rules and regulations, director of licenses to prescribe ........ 173 9 672Statement, distributor to make monthly................... .. 173 4 671Tags, to be used on containers.............................. 173 7 672Taxation,

rate of................................................ 173 2 670tim e of paym ent....................................... 173 5 671

V iolations .............................................. 173 8 672173 12 673

LISTER, ALMA, executrix, appropriation for judgment of ........ 155 2 581

LOAN ASSOCIATIONS (see SAVINGS AND LOAN ASSOCIA-TIONS).

LOCAL IMPROVEMENTS (see APPROPRIATIONS; CITIES ANDTOWNS; IRRIGATION DISTRICTS; PORT DISTRICTS).

LOGGING, right of way for, over state lands .................... 55 ... 169

McCLELLAN PASS,Natchez Pass, change of name to............................ 34 1 118

McPHERSON BROS. CO., appropriation for judgment of .......... 155 2 581

MANUFACTURER,Taxation of (see TAXATION)............................. 60 1 178

MARKETING AGRICULTURAL PRODUCTS (see AGRICULTURE) 115 ... 357

MARSHALL, FRANK L., relief appropriation .................... 155 2 581

MEDIATOR, STATE (see ADMINISTRATIVE CODE).

MEDICAL AID BOARD, STATE AND LOCAL (see department oflabor and industries under ADMINISTRATIVE CODE).

MEDICAL EXAMINERS, STATE BOARD OF (see ADMINISTRA-TIVE CODE).

MEMORIAL, SOLDIERS, SAILORS AND MARINES,Appropriation for........................................... 22 2 89

MILITARY DEPARTMENT (see APPROPRIATIONS).

MILITIA,Adjutant general of state,

leave of absence for federal service...................... .. 5 2 214vacancy, how filled..................................... 75 2 214

Members of, on release from federal service, revert to originalstatus ............................................ 75 1 213

O bject of.................................................. 75 1 213Parades, four annually...................................... 75 3 215U. S. regulations to govern.................................. 75 1 213

(842)

MOTOR VEHICLES.

MILK AND MILK PRODUCTS, Ch. Sec. PageButter, labeled as "reworked butter.......................... 104 5 307

"Washington Creamery Butter".......................... 104 5 307Pupils in first class cities may be furnished with milk........ 190 1 755Reports, statistical......................................... 104 3 306Temperature for testing.................................... 104 1 306

MINE INSPECTOR, STATE (see ADMINISTRATIVE CODE).

MINING BOARD, STATE (see ADMINISTRATIVE CODE).

MINING EXAMINERS, STATE BOARD OF (see ADMINISTRA-TIVE CODE).

MINES AND MINING,Petroleum and gas (see STATE LANDS) .................... 152 ... 569Taxation,

annual statement covering operations .................... 124 3 403failure to furnish.................................. 124 8 405

assessment book, assessor to keep....................... .124 8 405collection of taxes...................................... 124 10 405laws applicable......................................... 124 9 405lien created............................................ 124 10 405"net profits", defined................................... 124 2 402operations of several claims............................. .124 4 403

assessor may examine books, etc..................... 124 6 403penalty for divulging information ................ 124 6 403

penalty for false statements ........................ 124 5 403rate .................................................. 124 10 405valuation for, how determined........................... .124 1 401

MINORS,Divorce decree affecting (see DIVORCE) .................... 109 4 334License to hunt and fish, not required, when.................. 37 9 131

108 2 323Motor vehicles (see MOTOR VEHICLES) ................. 108 3 323

108 4 323MONEY, distribution of from state treasury, proposed constitutional

amendment ............................................. 14 1 80

MORTGAGES (see ALIENS) ................................... 50 ... 156

MOTOR VEHICLES,Accidents,

render assistance in cases of............................ 96 39 277reports of, to make................................... 96 40 278

Actions, for negligence...................................... 96 44 279Assistance, when to render.................................. 96 39 277Brakes, regulations covering use of ......................... . 96 23 270City lim its, signs at........................................ 96 46 281D efinitions ................................................ 5 96 2 252

108 1 322Drivers, for hire, to stop at crossings. when.................. 96 38 277Exhaust muffler, use of...................................... 96 21 267Fees (see Licenses, this title).Fines, disposition of........................................ 96 43 279Fund created............................................... 96 18 264Gong or siren whistle, use of unlawful, exceptions ............ 96 36 276Highways,

intersections, duties at.................................. 96 29 273motor power secured when standing on.................. 96 34 276standing on, unlawful to leave vehicle................... 96 35 376

(843)

MOTOR VEHICLES.

MOTOR VEHICLES-CONTINUED:Licenses, Ch. Sec. Page

applications for......................................... 96 5 254carried in vehicle....................................... 96 9 259dealers ................................................ 96 10 259

department of, director,permit to minors, special.......................... 108 2 323

108 4 323

driving ............................................... 108 5 323duplicate, in case of loss of............................. 96 9 259emergency ............................................. 108 5 323exem ption from ........................................ 96 17 263

fees,disposition of....................................... 96 18 264partial year........................................ 96 16 263

schedule of,for drivers .................................... 96 15 261for vehicles ................................... 108 6 323

issue of, period covered................................ . .6 1 101 96 7 258

non-residents, not required to have...................... 108 5 323

operators,application for.................................... 108 6 324

108 7 325false statements in............................. 108 15 329

blue license........................................ 108 9 326cancellation of..................................... 108 9 326

filing of........................................ 108 10 327duplicate, to issue when............................ 108 11 327

fee for........................................ 108 11 327fees ............................................. 108 6 324

108 7 325

disposition of.................................. 108 13 328fines and forfeitures, disposition of .................. 108 14 328form of.......................................... f 108 7 325

1108 8 326

highway safety fund............................... 108 13 328issue of........................................... 108 7 325loss of, duplicate to issue........................... 108 11 327surrender of....................................... 108 9 328term of........................................... 108 7 32tyellow ........................................... 108 9 32e

108 12 328

violations ......................................... 108 16 329suspension of issuance................................. 96 3 253

1 96 48 28atemporary ............................................ 108 5 323transfer of, fee for..................................... 96 8 258

Lights, regulations covering use of .......................... 96 22 268Local regulations, duty to comply with...................... Do 33 275

Minors,f 108 2 323

operating restrictions, permit.......................... 108 3 323108 4 323108 5 32a

(844)

NELSON, WILLIAM IH.

MOTOR VEHICLES-CONTINUED: Ch. Sec. PageMirrors, when required..................................... 96 25 271Muffler, use of.............................................. 96 21 267Negligence, actions for..................................... 96 44 279

Non-resident,license not required of................................. 108 5 323operation of act as to.................................. 96 11 260

Number plates,appropriation ......................................... 6 3 11attached, how .......................................... 96 19 266duplicate in case of loss or defacement .................. 96 14 261issue and style of...................................... 96 12 260removal in case of sale of vehicle....................... . 96 13 261secretary of state to furnish ........................... 6 2 11temporary, county auditor to issue ...................... 96 6 257

Passing other vehicles, duties when......................... . 96 30 274street cars, etc........................................ 96 31 275

Publicly owned,name of department or office to be on, exceptions ........ 125 1 406

violations ......................................... .125 2 407Racing forbidden........................................... 96 32 275Railroad crossings, for hire vehicles to stop, when........... .96 38 277Regulations, local, duty to comply with..................... .96 33 275Report of accidents........................................ 96 40 278Rules of the road, enumerated.............................. 96 28 272Sale of, removal of number plates ............................ 96 13 261School signs............................................... 96 45 280Signalling device, to be provided ............................ 96 24 270Signals, hand and arm ..................................... 96 26 271Siren whistles or gongs, use of unlawful, exceptions........... 96 36 276Speed. rate of authorized.................................... 96 27 271

cities and towns may regulate.......................... 96 41 278Town lim its, signs at...................................... 96 46 281Traffic officers, to comply with orders of ...................... 96 37 276

Transportation,compliance with act necessary .......................... 111 2 339definitions ............................................ 111 1 3 8fees .................................................. 111 9 343insurance or bond against negligence................... .ill 5 341negligence, insurance or bond against .................... 111 5 341public necessity, certificate of........................... 111 4 341regulations, director of public works to make............ .111 3 340violations ............................................. 111 7 342

V iolations ................................................ 96 4 254111 7 342

fines, disposition of.................................... 96 43 279Weight of, limitations...................................... 96 20 267

MUNICIPAL CORPORATIONS (see Division of under ADMINIS-TRATIVE CODE; also specific titles).

MUTUAL SAVINGS BANKS (see BANKS AND BANKING).

NACHES PASS. name changed to McClellan...................... 34 1 118

NAUTICAL SCHOOL, STATE (see STATE NAUTICAL SCHOOL).

NELSON, WILLIAM H., relief appropriation .................... 155 2 581

(845)

NEWSPAPER.

NEWSPAPER, Ch.Legal, defined............................................... 99Publication,

of rules and regulations of fisheries board................ 7of legal and official matter,

affidavit of, to state charges........................ 09

w hat to contain................................ 99charges, basis for................................... 99holidays, omission of, effect ........................ 99selection of newspaper for.......................... 99

NOMINATION (see ELECTIONS),Of judges (see JUDGES).................................. 116

NON-RESIDENTS,Insane, deportation of (see INSANE PERSONS) ............. .158License to fish and hunt.................................... 37

NON-SUPPORT,Divorce, stay of proceedings pending prosecution for......... 109

NORMAL SCHOOLS (see special titles),Extension work, fee may be charged for...................... 136Fees, disposition of ........................................ 136Revolving fund, fees paid into............................... 136Tuition, no charge except for extension work................ 136

NORTHERN PACIFIC RAILWAY CO., relief appropriation........ 155

NORTHERN STATE HOSPITAL,Appropriation ............................................. 88

NOTICES (see ADMINISTRATIVE CODE),Of election in water distribution districts (see IRRIGATION

DISTRICTS) ......................................... 106Legal, publication of....................................... 99Publication of (see PORT DISTRICTS) ...................... 39

NOXIOUS WEEDS (see WEED DISTRICTS) ................... .150Clerk of city or town, duties in respect to................... 7County auditor, duties in respect to........................ 7County commissioners, duties with respect to ................ 7

NURSES EXAMINING BOARD (see ADMINISTRATIVE CODE).

OATH,Attorney at laws, to take on admission..................... .126Irrigation district directors.................................. 129

secretary .............................................. 129State officers to take and file................................ 7

OFFICIAL BONDS (see BONDS).

OFFICE AND OFFICERS (see ADMINISTRATIVE CODE andspecial titles),

Actions against,attorney general to defend when....................... 79expense borne by state when............................ 79

Administrative code,powers and duties under,

of abolished offices, boards, etc ...................... 114of created offices, boards, etc........................ 114

Defense of, in action for damages against,administrative board may authorize..................... .. 79attorney general to defend, when ........................ 79expense to be borne by state, request .................... 79

(846)

Sec. Page1 293

112 59

7 2952 2944 2946 2955 294

1 373

.. . 6339 131

1 331

1111

492492492492

581

1 232

14 318... 294

3 139

.. . 56390 4890 4890 48

12 4134 4304 430

18 17

2 2202 220

1 3552 356

2

21

220220

220

PERSONAL PROPERTY.

OFFICE AND OFFICERS-CONTINUED: Ch. Sec. PageForfeiture, for not filing statement under budget system...... 40 1 140Penalty for not filing statement under budget system. . . . . ..... 40 1 140Salaries and compensation,

determination of change in............................. 49 1 155V acations ................................................. 7 133 67

OLYMPIA, CITY OF,Appropriations ............................................ 155 2 581

OPTOMETRY, STATE BOARD OF (see ADMINISTRATIVECODE).

OREGON-WASHINGTON RY. CO., relief appropriation .......... 155 2 581

OSTEOPATHY,D efined ................................................... 82 1 224Licenses,

existing, recognized as valid ............................ 82 1 224of other states recognized.................I............ 82 1 224

fee required....................................... 82 1 224revocation of, when..................................... 82 1 224

OVERCHARGE (see PUBLIC SERVICE) ...................... 110 1 336

OYSTER COMMISSION, STATE (see ADMINISTRATIVE CODE).

PARADES (see MILITIA)..................................... 75 3 213

PARKER, ALBERT E., Trustee, relief appropriation............. 155 2 581

PAROLE BOARDS (see ADMINISTRATIVE CODE).

PARK DISTRICTS,Election in class "A" and first class counties (see ELECTIONS) 61 ... 179

PARKS,Care of................................................... 107 3 322Contracts for.............................................. 107 2 321Dedication of.............................................. 149 6 561Lands for, acquiring........................................ 107 1 321Offenses, relating to........................................ 149 8 562Rules and regulations governing............................ 107 3 322

PARKS COMMITTEE, STATE (see ADMINISTRATIVE CODE),Dedication of parks and highways .......................... 149 6 561Donations, may receive..................................... 149 3 560Police pow er............................................... 149 7 561Powers ennumerated........................................ 149 2 558

149 3 560Public lands, withdrawal from sale........................ t.149 4 560

149 5 561Secretary, power to appoint................................ 149 1 558

PEACE OFFICERS,Searching dwellings without search warrant unlawful ........ 71 2 207

PEDERSON, HANS, relief appropriation........................ 88 1 232PEND OREILLE COUNTY, relief appropriation................. 155 2 581PENITENTIARY, appropriation for............................. 155 2 581PERM1TS,

To burn forest material, supervision of ...................... . 7 68 38To minors to operate motor vehicles......................... 108 2 323To Pierce county for fish hatchery.......................... .23 1 90

PERSONAL PROPERTY,Of state,

sale or exchange of, when ............................... 7 42 27director of efficiency may authorize.................. 7 47 30

(847)

PESTS.

PESTS, Ch. Sec. PageAnimal (see RODENTS) ................................... 140 ... 502Horticultural (see HORTICULTURE) ...................... 141 ... 507Weeds (see WEED DISTRICTS) ............................ 150 ... 563

PETROLEUM AND GAS (see PUBLIC LANDS)................. 152 ... 569

PHARMACY, STATE BOARD OF (see ADMINISTRATIVE CODE).

PHYSICIAN AND SURGEON,Sterilization of inmates of state institutions, liability for....... 53 8 165

PIETICE COUNTY GAME COMMISSION,Fish hatchery, permit to erect............................... 23 1 90

PIERCE'S WASHINGTON CODE,Abbreviation of ............................................ 10 2 75Adoption of, as official compilation .......................... 10 1 75Secretary of state to certify 1921 Session Laws as part of...... 10 3 75

P. KEIDIEL & COMPANY, relief appropriation ................... 155 2 581

PLANTS,Protection of (see Protection under AGRICULTURE) .......... 105 . . 308

POLICE JUSTICES,In fourth class cities and towns (see CITIES AND TOWNS) .. 70 1 205

POLL TAX,A rm ount .................................................. 174 1 674Collection,

procedure ............................................ 174 9 678fee for, none chargeable................................ 174 9 678

County assessor, to list inhabitants annually ................... 174 2 674County clerk, to deduct from pay of jurors and witnesses...... 174 7 677County treasurer, to clerk and remit monthly to state 5 174 1 674

treasurer ............................................ 174 5 676Disposition of ............................................. 174 5 676Employers,

deduction from wages of employees...................... 174 3 675liability for failure to............................... 174 3 675

inspection of books of.................................. 174 3 675penalty for failure to permit........................ 174 3 675

proof of payment by employee.......................... 174 3 675Industrial insurance department to list employers............. .174 2 674Jurors, deducted from pay of................................ 174 7 677L ien of ................................................... 174 6 677Payment of, to county treasurer............................. 174 1 674Persons subject to.......................................... 174 1 674Receipts, state auditor to furnish............................ 174 8 677Sheriff to collect after June 1st............................... 174 4 676State auditor, to issue receipts for........................... .174 8 677

POLSON REALTY COMPANY, relief appropriation ............... .155 2 581PORT DISTRICTS,

Commissioners, Board of,indebtedness. may incur in anticipation of revenues........ 179 2 709organization .......................................... 179 1 706purchase of materials by................................ 179 1 706

notice for bids..................................... 179 1 706salaries of, election to determine, when................... .179 1 706warrants, may issue in anticipation of revenues........... .179 2 709

County treasurer to act as treasurer of ........................ 179 1 706to create fund ......................................... 179 3 709

(848)

PUBLIC BUILDINGS AND GROUNDS.

PORT DISTRICTS--CONTINUED:

Creation of, in other than class "A" counties, Ch. Sec. Pageauthorized ............................................. 39 1 138

election on ............................................ 3 9 1 138irregularities in, validated. ............................. 39 5 139nominations for commissioners .......................... 39 2 138petition for ............................................ 39 1 138

Elections in class "A" and first class counties (see ELEC-TIONS) ............................................ 61 .. 179

In other than class "A" and first class counties (seeELECTIONS) ..................................... 170 .. 665

Enlargement of,assessments, added territory not liable for ................ 130 2 486authorization for ...................................... 130 1 485election to determine.

ballots, term s of.................................... 130 1 485notice of .......................................... 130 1 485

order declaring ........................................ 130 2 486petition for ............................................ 130 1 485

Formation of, Irregular, validated ............ ............... 39 5 139Fund, county treasurer to create.................. .......... 179 3 709Gifts, may receive ......................................... 39 4 139Notices, publication of when newspaper in district ............. .39 3 139Powers and duties.......................................... 183 1 740Publication, of notices, when no newspaper in district .......... 39 3 139

PORT ORCHARD, TOWN OF, relief appropriation............... 155 2 581

PRESERVES,Game (see GAME AND GAME FISH)....................... 37 .. 123

PROBATE (se.- DESCENT AND DISTRIBUTION) ............... 93 1 243

PROBATION OFFICERS,Appointment, powers and duties............................. 43 1 148

PROCREATION,Prevention of by sterilization when authorized...............53 .. 162

expenses of, how paid................................... 53 12 166sex, no distinction made of .............................. 53 11 166

PROPERTY,Of state,

abolished offices, transfer in case of..................... 7 122 62depreciations, state auditor to charge ..................... 7 121 62director of taxation and examination to keep record of.... 7 53 33valuations of, state auditor to keep record................ 7 121 62

Personal, fire insurance proceeds are lien against............. 117 1 377

PROSECUTING ATTORNEYS,Allen land laws, to enforce................................... 50 8 159Deputy, practice of law by, prohibited when .................. 12G 5 409Divorce,

not to represent either party in proceedings............... .109 3 333papers in action to be served upon....................... 109 3 333to appear upon the trial of, when........................ .109 3 333

Law examiners, state board of, to assist...................... 126 17 416

PROSSER FALLS, Indians may fish at.......................... 58 1 173PUBLIC ARCHIVES COMMISSION (see ADMINISTRATIVE CODE).PUBLIC BUILDINGS AND GROUNDS (see ADMINISTRATIVE

CODE).

(849)

PUBLICATIONS.

PUBLICATIONS, Ch. Sec. Page

In legal newspaper (see NEWSPAPER) ...................... 99 1 293Of notices (see PORT DISTRICTS)......................... 39 3 139Of rules and regulations of fisheries board.................... 7 112 59Of supreme court reports, contract for........................ 162 1 652

PUBLIC LANDS (see STATE LANDS).

PUBLIC SERVICE,Certificate of necessity, generally, when required! .............. 59 1 175

* appeal from order relating to............................ 59 1 175application for, filing and hearing on..................... 59 1 175motor vehicles transportation ........................... 111 4 341

Commission (see ADMINISTRATIVE CODE),appropriation, in lieu......................... ......... . 3 1 6

grain department, deficiency ......................... 16 1 82Damage by pipe lines, etc., on highway ....................... .80 3 222Electrical apparatus and construction,

hearings to require protection from............ ......... 20 1 86Fees.

based on revenues...................................... 113 1 354disposition of ......................................... 113 2 d54payable to director of public works....................... .113 1 354penalty for failure to pay............................... .113 3 355

Franchise for pipe, telephone, etc., lines on highway,application for ........................................ 80 2 221conditions of ............................................ 80 3 222damages ............................................... 80 3 222bearing on application for............................ 1. 80 2 221

80 3 222notice of hearing on application for....................... 80 2 221required .............................................. 80 1 221rules and regulations governing......................... 80 3 222state highways committee may grant.................... .80 2 221violations ............................................. 80 4 223

Grade crossings,change of, petition for.................................. 138 1 494costs, apportionment of................................. 138 2 496

Highways, franchise for pipe lines, etc....................... . 80 1 221Motor vehicles, transportation regulations.....................111 . . 338Overcharges,

appeals from decisions on.............................. 110 6 337director of public works to determine .................... 110 1 336hearings to determine amount of ........................ 110 6 337judgment for, by director of public works ................ 110 2 336refund for, disposition of.............................. 110 3 337

110 4 337rules and regulations governing ......................... 110 5 337

Penalty for failure to pay fees.............................. 113 a 355Revenues, fees based on.................................... 113 1 354Revolving fund, fees collected to be paid into................. 113 2 354

unclaimed refunds paid into............................. .110 4 337Warehouses, supervision by director of public works ........... .137 1 493

PUBLIC WORKS, DEPARTMENT OF (see ADMINISTRATIVECODE),

Director of (see APPROPRIATIONS),certificate of necessity, to hear and grant applications for.. 59 1 175crossings, granting of petition for....................... 138 , . 494highways, closing of, authorized when................... .21 .. 87

(850)

RIGHTS OF WAY.

PUBLIC WORKS, DEPARTMENT OF-CONTINUED:Director of, Ch. Sec. Page

motor vehicles, transportation regulations of .............. 111 .. 338public service overcharges, to hear and determine......... .110 . . 336warehouses, supervision of.............................. 137 1 493

PUGET SOUND ZLECTRIC RY. CO., relief appropriation......... 155 2 581

PUGET SOUND POWER & LIGHT COMPANY, relief appropriation 155 2 581

QUARANTINE REGULATIONS (see Protection under AGRICUL-TURE) ................................................... 105 .. 308

RADOVICH, D. M., appropriation for judgment of ................ 155 2 581

RAILROADS,Crossings, change of, apportionment of costs.................. 138 2 496

petition to change...................................... 138 1 494Quarantine of trees, shrubs, etc.............................. 105 6 311Shooting upon right of way prohibited....................... 37 13 134

RATIFICATION, of indebtedness of counties of sixth class......... .54 . . 167

RECEIVERS, of association for marketing agricultural products... 115 18 368RECLAMATION (see department of conservation and development

under ADMINISTRATIVE CODE),Of lands (see LAND SETTLEMENT) ....................... 90 1 236

RECORDS,American legion to keep.................................... 29 6 100Governor to keep........................................... 28 1 98

REDEMPTION, from sale for delinquent assessments (see IRRIGA-TION DISTRICTS) ....................................... 129 21 458

REGISTRAR OF VITAL STATISTICS (see Health under ADMIN-ISTRATIVE CODE).

REFORESTRATION (see FORESTS) .......................... 102 1 298Appropriation for ......................................... 169 5 664

REFORMATORIES (see PRISONS AND REFORMATORIES).Appropriation ............................................. 155 2 581

REPEAL,Of laws relating to fish and fishing........................... .. 7 111 59

REPORTER (see SUPERIOR COURT).......................... 42 1 147(see SUPREME COURT REPORTER).

REPORTS,Of abolished offices, boards, etc.. who to make................. 7 127 65

RESTAURANTS to have fish license, when....................... 63 1 183RIGHTS OF WAY,

Dikes, counties may establish along and across ................ 134 1 490procedure ............................................. 134 2 490

Highways,across Bellingham normal school lands................... .66 1 201across state lands for................................... 32 1 116

State lands, across,generally ............-----.--........................ 148 1 556

procedure to obtain............................. ... 148 2 557highways ............................................. 32 1 116logging,

application for .................................... 55 1 169certificate to issue, when............................ 55 1 169forfeiture of ...................................... 55 1 169

(851)

RIVER IMPROVEMENT DISTRICTS.

RIVER IMPROVEMENT DISTRICTS, Ch. Sec. PageElections in class "A" and first class counties (see ELEC-

TIONS) .............................................. 61 2 179

RODENTS,Administration of act, under supervision of state college....... 140 3 502

County commissioners, boards of,fund, rotating, created.................................. 140 6 503poison, purchase of..................................... 140 6 503tax levy ............................................... 140 6 503

D efined ................................................... 140 1 502Expenses, filing statement of................................ 140 9 505

appeals from decisions approving........................ 140 12 506cost bond on....................................... 140 12 506

collection of .......................................... 140 11 506notice of consideration of............................... 140 9 505tax against property................................... 140 10 505

Land owner to destroy....................................... 140 2 502Poisons, distribution of..................................... 140 13 507

State college,extermination by, after notice to owner................... 140 8 503notice to land owner to exterminate ...................... 140 8 503powers and duties of, relating to........................ 140 5 4 502

7 503U. S. department of agriculture to co-operate with ........ 140 5 503

ROMAINE, J. W., Wood, F. J., and Shields, Robert, relief appropria-tion ...................................................... 155 2 581

RULES AND REGULATIONS,Of fisheries board, adoption, revocation and publication of...... 7 112 59Laws relating to fish and fishing are......................... 7 111 59

SAFETY BOARD, STATE (see ADMINISTRATIVE CODE).

SAFETY, DIVISION OF (see ADMINISTRATIVE CODE).

SALARIES AND COMPENSATION,Of director of,

agriculture ....... ..................................... .7 83 4Gbusiness control ....................................... 7 29 21conservation and development........................... 7 61 36departments, when elective officer appointed as.......... .. 7 18 17efficiency ............................................. 7 46 29fisheries and game..................................... 7 107 58health ................................................ 7 56 34labor and Industries.................................... 7 74 40licenses ............................................... 7 95 51public works .......................................... 7 21 18taxation and examination.............................. 7 49 32

Of bailiffs, superior courts .................................. 25 1 91Of committee hearing charges against holder of license......... .. 7 103 55Of county,

game commissioners ................................... 37 3 123game warden .......................................... 37 1 120

Of drainage district election boards (see DRAINAGE DIS-TRICTS) ............................................. 52 1 61

Of fisheries board, state.................................... 7 109 58Of legislators, constitutional amendment proposed ............ 172 1 668Of officers of class "6A" counties............................ 184 2 746

(852)

SEARCH WARRANT.

SALARIES AND COMPENSATION-CONTINUED. Ch. Sec. Pago

Of parole boards .......................................... 7 45 26f 7 15 15

Of subordinate officers and employees of state............. .1. 7 47 30

L 9 1 155

Of supervisor of geology division............................ .. 7 63 36

Of treasurer, fourth class cities, fixed by council............... .24 1 91

SALE, of damaged timber on state land (see TIMBER) ........... .76 1 215

SAVINGS BANKS,Mutual (see BANKS AND BANKING) ...................... 156 .. . 607

SAVINGS AND LOAN ASSOCIATIONS,State auditor, powers and duties of, relating to, vested in di-

rector of taxation and examination...................... .54 1 226

SCHOOL FOR THE BLIND, appropriation ...................... 155 2 581

SCHOOL FOR THE DEAF, appropriation....................... 155 2 581

SCHOOL FOR GIRLS, appropriation............................ 155 2 581

SCHOOLS AND SCHOOL DISTRICTS (see EDUCATION; NOR-MAL SCHOOLS),

Bonds authorized ......................................... 147 1 554

levy for paym ent of.................................... 147 2 555redemption fund ....................................... 147 2 555

Cities, incorporated, each constitute district................... .101 1 297boundaries, extension or change, effect................... 101 1 297

Elections,in class "A" and first class counties (see ELECTIONS)... 61 ... 179in other than class "A" and first class counties (see

ELECTIONS) ..................................... 170 ... 665Directors.

first class districts,powers and duties. generally ........................ 175 1 679

milk, may provide for pupils in first class cities ............ 190 1 755term of office, when to commence,

in counties of "A" and first class.................... 61 4 180in other than "A" and first class counties............. 170 2 665

First class, directors of, powers and duties................... 175 1 679Milk, directors may provide pupils with, in first class cities..... 190 1 755Third class, in sixth class counties, validation of warrant in-

debtedness ............................................. 189 1 754

SCOBEY CIGAR CO., INC., relief appropriation .................. 155 2 581

SEABIT, CHARLES, relief appropriation ........................ 155 2 581

SEATTLE AND PORTLAND RAILROAD CO., relief appropriation 155 2 581

SECRETARY OF STATE (see ADMINISTRATIVE CODE).f 6 3 11

Appropriations .......................................... 1. 88 1 232155 2 581

Member of state,archives comm ittee .................................... 7 9 14law library comm ittee.................................. 7 12 14parks comm ittee ...................................... 7 10 14voting machine committee............................... 7 11 14

Session laws, to certify as part of Pierce's Code ................ 10 3 75

SEARCH WARRANT,Necessary for searching private dwellings................... .71 1 207

(853)

SEEDS, AGRICULTURAL AND VEGETABLE, SALE OF.

SEEDS, AGRICULTU.RAL AND VEGETABLE, SALE OF, Ch. Sec. PageAdulterated ............................................... 153 3 575

Analyses and tests......................................... 153 6 577Fines and fees, disposition of.................. ............. 153 7 577Inspection of .............................................. 153 7 577License fee ................................................ 153 8 579M ixed, how m arked......................................... 153 2 574Packages, how marked...................................... 153 1 573Rules and regulations...................................... 153 9 579

SENATE,Consent of, for appointment of departmental directors......... .. 7 3 12

SENATORS (see UNITED STATES SENATORS).

SENTENCE, suspension of, when permitted.......... .... 69 1 204

SEX,Attorneys at law, no bar to admission......................... 126 3 409

SHERIFF, practice of law by, prohibited........... ............ .. 126 5 409

SHOOTING, from vehicles or upon highways prohibited........... .37 13 134

SHRUBS, protection of (see AGRICULTURE) ................... .105 1 308

SIMMONS, S., relief appropriation............................... 155 2 581

SKAGIT COUNTY, local improvement appropriation............... .155 2 581

SLATTEN, C. A., relief appropriation............................ 155 2 581SMITH, CHAS. B., appropriation for judgment of ................. .155 2 581SOLDIER'S HOME AND COLONY, appropriation for ............. .155 2 581SPOKANE, CITY OF, relief appropriation ....................... .155 2 581SPOKANE COUNTY,

Highways, conveyance of state lands to...................... 98 1 292Legislative districts, change of ............................ f 47 1 153

167 ... 659SUOKANE FALLS GAS LIGHT CO, relief appropriation.......... 155 2 581STANDARDS, for agricultural commodities...................... 144 1 536SOLDIERS, SAILOR AND MARINES,

Memorial, re-appropriation for .............................. 22 2 89Relief of indigent and suffering,

authorized ............................................ 41 1 141bond, county commissioners may require................. 41 4 143burial of, at county expense............................ 41 6 144county commissioners,

almshouse, not to send to, exception.............. .41 5 14%bond, may require ................................... 41 4 143bury honorably discharged ........................... 41 6 143money, to provide.................................. 41 1 141tax, to levy for.................................... 41 7 145

county, to aid in...................................... 41 1 141families included ...................................... 41 1 141fund, tax levy for.................. ....... 41 7 145post,

disbursement of funds by........................... .41 1 1412 142

meeting place, payment of rent from fund............ 41 8 146notice of intention to undertake relief ................ 41 3 142statement of relief, to file........................... 41 3 142

(854)

STATE CAPITOL COMMISSION.

SOLDIERS, SAILORS AND MARINES-CONTINUED:Relief of indigent and suffering. CA. Sec. Page

relatives or friends may give, at county expense........... .41 6 144requirements as to residence............................. 41 1 141soldiers' home, may be sent to........................... 41 5 143tax levy for........................................... 41 7 145

STATE, contracts for public improvements (see CONTRACTS) .... 166 . . 657

STATE ARCHIVES COMMITTEE (see ADMINISTRATIVE CODE).

STATE AUDITOR (see ADMINISTRATIVE CODE),Appropriation .............................................. 88 1 232

deficiency .............................................. 8 1 70office ................................................. 155 2 881

Delinquent assessments on state lands, to certify to state legis-lature ................................................ 129 2 435

Depreciations of state property, to charge.....................7 121 62Forfeiture for failure to make statement under budget system,

to w ithhold ........................................... 40 1 140Member,

state capitol com mittee................................. 78 14state equalization committee............................. ... 13state finance committee.................................. 7 6 13state highway committee................................. . 7 13

Poll tax, to provide receipts................................. 174 8 677Property valuations of state, to keep record of ................ 7 121 62Savings and loan associations,

powers and duties relating to, vested in director of taxa-tion and examinations............................. 84 1 226

Valuations of state property, to keep record ................... 7 121 6Veterans' welfare commission, to pay loans made by, to Ameri-

can Legion .............................................. 29 3 92

STATE ASSOCIATION OF COUNTY GAME COMMISSIONERSAND GAME WARDENS,

Advisury committee, created ................................... 37 3 123expenses of, payable from state game fund .................. 37 s 123membership ............................................. 37 3 12apowers and duties........................................37 3 123

Expenses, dues and attendance ................................ 37 3 123Meetings....................................................37 3 123Membership ................................................. 37 s 123Purpose.....................................................37 3 123

STATE BOARD OF CONTROL (see CONTROL, STATE BOARDOF, also under ADMINISTRATIVE CODE).

STATE BOARD OF EQUALIZATION (see EQUALIZATION,STATE BOARD OF, also under ADMINISTRATIVE CODE).

STrATE BOARD OF FINANCE (see FINANCE. STATE BOARD OF,also under ADMINISTRATIVE CODE).

STATE BOARD OF PARK COMMISSIONERS (see PARK COM-MISSIONERS, STATE BOARD OF, under ADMINISTRATIVECODE).

STATE BOARD OF VOTING M.VACHINE EXAMINERS (see VOT-ING M1ACHINE EXAMINERS. STATE BOARD OF, under AD-MINISTRATIVE CODE).

STATE CAPITOL COMMISSION (see ADMINISTRATIVE CODE).

(855)

STATE CAPITOL COMMITTEE.

STATE CAPITOL COMMITTEE (see ADMINISTRATIVE CODE).

STATE COLLEGE OF WASHINGTON, Ch. Sec. PageAppropriations ............................................ 155 2 581

deficiency ............................................. 8 1 70Tuition fee,

amount charged ........................................ 164 1 654

disposition of ......................................... 164 2 654

exemption from payment............................... 164 4 655

refund of, when authorized............................. 164 3 654

STATE CUSTODIAL SCHOOL, appropriations................... 88 1 232

STATE EQUALIZIATION COMMITTEE (see ADMINISTRATIVECODE) .................................................... 7 5 13

STATE FAIR (see ADMINISTRATIVE CODE),Appropriations ............................................ 155 2 581

deficiency ............................................. 11 1 76

STATE FINANCE COMMITTEE (see ADMINISTRATIVE CODE) 7 6 13

STATE FISH COMMISSIONER (see FISH COMMISSIONER).

STATE FISHERIES BOARD (see ADMINISTRATIVE CODE;FISHERIES, DEPARTMENT OF).

STATE GAME WARDEN (see GAME WARDEN).

STATE GEOLOGICAL SURVEY, appropriation.................. 88 1 232

STATE HIGHWAY BOARD (see ADMINISTRATIVE CODE).

STATE HIGHWAY COMMISSIONER (see HIGHWVAY COMMIS-

SIONER).STATE HISTORICAL SOCIETY, appropriation .................. 155 2 581

STATE HOSPITALS FOR THE INSANE,Contracts with U. S. for care of government inmates .......... 48 1 153

STATE INSTITUTIONAL REVOLVING FUND, created.......... .. 7 41 21

STATE INSTITUTVIONS,Procreation, prevention of .................................. 53 ... 162

STATE INSURANCE COMMISSIONER (see ADMINISTRATIVECODE).

STATE LANDS (see COMMISSIONER OF PUBLIC LANDS;LAND SETTLEMENT),Assessments of irrigation districts, not subject to sale for ...... 129 2 425Booming purposes, leasing of tide lands for .................. 118 1 377Lewis county, conveyance to................................ 78 1 219Right of way,

for state highways, granted............................ 32 1 116for logging purposes..................................... 55 1 169

Tide lands,cancellation of certificates of sale and notes .............. 57 . . . 172leasing of, for booming purposes........................ 118 1 377

Timber damaged, sale of authorized......................... 76 1 215STATE LIBRARY ADVISORY BOARD (see ADMINISTRATIVE

CODE).STATE LAW LIBRARY COMMITTEE (see ADMINISTRATIVE

CODE).

STATE LIBRARY COMMISSION (see ADMINISTRATIVE CODE).

STATE LIBRARY COMMITTEE (see ADMINISTRATIVE CODE).

STATE NAUTICAL SCHOOL,A bolished . ................................................ 46 1 152Appropriation ............................................. 155 2 581

deficiency ............................................ 8 1 70

(856)

SUPERIOR COURTS.

STATE PARKS COMMITTEE (see ADMINISTRATIVE CODE).

STATE SCHOOL FOR THE DEAF, Ch. Sec. PageAppropriation ........................................... 8 1 70

15 2 581STATE SCHOOL FOR GIRLS,

8 1 70Appropriation ............................................ t.88 1 232

155 2 581STATE SUPERINTENDENT OF PUBLIC INSTRUCTION (see

EDUCATION; SUPERINTENDENT OF PUBLIC IN-STRUCTION).

STATE TAX COMMISSIONER (see ADMINISTRATIVE CODE).

STATE TRAINING SCHOOL,8 1 70

Appropriation ............................................ f 88 1 232

155 2 581STATE TREASURER,

Appropriations ........................................... 108 20 330155 2 581

Assistant, to appoint....................................... 36 1 119bond and oath of...................................... 36 1 119powers and duties of................................... 36 1 119

Bond of, liability of, for acts of assistant and deputy........... 36 1 119Deputy, appointment....................................... 36 1 119

bond and oath of....................................... 36 1 119powers and duties of................................... 36 1 119

Fees for licenses, how credited.............................. 81 1 223License fees to be paid to.................................. 7 100 53Member of state,

equalization committee.................................. 7 5 13finance com m ittee...................................... 7 6 13highway comm ittee..................................... 7 7 13library com m ittee...................................... 7 13 15parks com m ittee....................................... 7 10 14vacancy in office of..................................... 36 1 119

STATE VOTING MACHINE COMMITTEE (see ADMINISTRA-TIVE CODE).

STERILIZATION (see PROCREATION) ........................ 53 .. . 162STERN, DAVID, quit claim of state to........................... .161 1 651SUPERINTENDENT OF CAPITOL BUILDINGS AND GROUNDS

(see ADMINISTRATIVE CODE).SUPERINTENDENT OF PUBLIC INSTRUCTION (see EDUCA-

TION),Appropriations ............................................ 155 2 581Member, state,

archives comm ittee..................................... 7 9 14library com m ittee...................................... 7 13 15voting machine committee............................... 7 11 14

Victory and admission day, to aid in observance of ............ 56 3 172SUPERIOR COURTS (see JURORS),

Appropriations ............................................ 155 2 581Bailiffs, appointment and salary............................. . 25 1 91Clerk of, practice of law prohibited.......................... 126 5 409Court commissioner, juvenile jurisdiction of ................... 135 1 491Jury districts, to divide counties into ........................ 26 1 92Juvenile jurisdiction ....................................... 135 1 491Probation officer, to appoint................................. 43 1 148Reporter, appointment, qualifications and term............... 42 1 147

bond of.......................................... 42 1 147(857)

SUPERVISOR OF FORESTRY.

SUPERVISOR OF FORESTRY (see ADMINISTRATIVE CODE), * Ch. Sec. PageLogged-off lands, to report annually ...... 169 4 663

SUPERVISOR OF GEOLOGY (see ADMINISTRATIVE CODE),Logged-off lands, to report annually......................... 169 4 663

SUPREME COURT,Appropriation ........................................... 8 1 70

155 2 581Attorneys at law, to admit to practice....................... 126 3 409

disbarment or suspension............................... 126 18 416Chief justice, member, state law library committee............ 7 12 14Clerk of,

attorneys at law, to keep record of hearings against ....... 126 21 417practice of law by, prohibited........................... 126 5 409

Reports of, contract for publication of, modification of ......... 162 1 652SUPREME COURT REPORTER,

Appropriation ............................................. 155 2 581TACOMA, CITY OF, appropriation for judgment of ................ 155 2 581TAXATION,

(see INHERITANCE TAX)................................ 51 ... 160(see POLL TAX ).......................................... 174 ... 674Cities, authorized levy...................................... 127 1 418Excise (see LIQUID FUEL)................................ 173 ... 669Higher Learning, annual levy for............................ 142 1 528Highways, permanent fund................................. 95 1 248Indebtedness of taxing districts, how computed............... .123 1 400Investigation regarding, Governor authorized to make......... .171 1 667

appropriation for....................................... 171 4 667assistant authorized.................................... 171 2 667report on, Governor to make............................ 171 3 667

Local improvement assessments, collection of ................. .92 1 241Manufacturer, property of, subject to ........................ 60 1 178

statement of property, to make.......... ............... 60 1 178Mines and mining (see MINES AND MINING).............. 124 1 401Personal property, lien against fire insurance proceeds ........ 117 1 377Water Distribution District (see IRRIGATION) .............. 106 7 316

TAXATION AND EXAMINATION, DEPARTMENT OF (see AD-MINISTRATIVE CODE; APPROPRIATIONS).

TAYLOR, WILLIAM, relief appropriation........................ 155 2 581THORNE, ADA,

Quit claim of abandoned highway to......................... 27 1 94TIDE AND SHORE LANDS (see STATE LANDS) ................. 57 ... 172

Leasing of for booming purposes............................ 118 1 377TILLER, T. D., relief appropriation.............................. 155 2 581TIMBER (see FORESTS),

In Clallam and Jefferson counties,sale of, authorized .................................... 76 1 215

application for..................................... 76 2 216conditions of ....................................... 76 2 216contract for ......................................... 76 5 217how conducted..................................... 76 4 216notice of ........................................... 76 3 216

TITLE INSURANCE COMPANIES,Investments of (see INSURANCE).......................... 112 5 348

TONNESON, OSCAR, relief appropriation........................ 155 2 581TOPOGRAPHICAL AND HYDROGRAPHIC SURVEY, appropria-

tion ................................................... 155 2 581

(858)

VETERANS EQUALIZATION COMPENSATION.

TOWNS, Ch. Sec. Page

Elections in class "A" and first class counties (see ELEC-TION S) .............................................. 61 ... 179

TOWNSHIPS,Elections in class "A" and first class counties (see ELEC-

TIO N S ............................................... 61 ... 179

TRAINING SCHOOL, appropriation............................. 155 2 581

TRANSPORTATION (see MOTOR VEHICLES) .................. .111 ... 338

TRAFFIC AND RATE EXPERT (see ADMINISTRATIVE CODE).

TRAVELING LIBRARY,Appropriation ............................................. 155 2 581

TREASURER (see CITIES AND TOWNS; COUNTY TREA-SURER; STATE TREASURER).

TREES,Protection of (see Protection under AGRICULTURE) ........... .105 ... 308

TRUST COMPANIES (see BANKS AND BANKING).

TUITION (see STATE COLLEGE OF WASHINGTON; UNIVERS-ITY OF WASHINGTON).

UNION BRIDGE COMPANY, appropriation for judgment of........ 155 2 581

UNITED STATES,Irrigation contracts with (see IRRIGATION DISTRICTS) . . . . 129 8 439Flag, display of at polling places........................... 68 1 203

Senators, governor to appoint In case of vacancy .............. 33 1 117election of to fill vacancy,

in class "A" and first class counties................. .61 3 179

UNIVERSITY OF WASHINGTON,Appropriations .......................................... 8 1 70

155 2 581Requirements for admission, educational..................... .163 1 653Tax levy for fund, annually................................ 142 1 528Tuition fees, fixed.......................................... 139 1 499

disposition of........................................ 139 2 499139 3 500

exempt from payment, who are.......................... 139 5 500payment by promissory note............................ 139 6 500refund of, when........................................ 139 4 500

UTILITIES (see PUBLIC SERVICE).

VACATION, of state employees................................. 7 133 67

VEHICLES (see MOTOR VEHICLES),Shooting from, prohibited .................................... 37 13 134

VERDICTS,Abstract of................................................ 65 3 200Entry, manner of and affect................................ 65 2 199Filing abstract of.......................................... 65 3 200Judgments on, time of entry................................. 65 1 199Lien of, certificate of termination of......................... 65 3 200

VETERANS,Attorneys at law, examination for........................... 126 11 412Organization of may write insurance........................ 62 1 182

VETERANS EQUALIZATION COMPENSATION,Appropriations,

bond retirement fund and interest...................... SS 1 232for carrying out provisions of act........................ 45 1 151from fund of.'......................................... 83 1 225

Poll tax, application of proceeds to pay ...................... 174 5 676

(859)

VETERANS WELFARE COMMISSION.

VETERANS WELFARE COMMISSION, Ci. Sec. PageProperty In possession of, transferred to American Legion......29 1 99

use of by American Legion ............................... 29 2 99

VETERINARY MEDICAL EXAMINERS, STATE BOARD OF (seeADMINISTRATIVE CODE).

VICTORY AND ADMISSION DAY,County superintendent of schools to aid in observance of. 56 3 172Designated ................................................. 56 1 171Observance by public schools.................................56 2 171State superintendent of public Instruction to aid in observance of 56 3 172

VITAL STATISTICS (see HEALTH under ADMINISTRATIVECODE).

VOTERS, absent (see ELECTIONS).............................143 ... 529

VOTING MACHINES,For state voting machine committee (see ADMINISTRATIVE

CODE) ................................................. 7 11 14

WAREHOUSES,Agricultural commodities, standard grades for................ 144 1 526Grain and hay (see GRAIN AND HAY) ....................... 145 ... 540Supervision of, by director of public works.....................137 1 493

WARREN H. MILLER & CO., relief appropriation ................ 155 2 581

WARTIME ORGANIZATIONS, INSURANCE OF (see INSUR-ANCE) ............................................... 62 1 182

WASHINGTON AGRICULTURAL EXPERIMENT STATION (seeEXPERIMENT STATION).

WASHINGTON BANK DEPOSITORS GUARANTY FUND (seeDEPOSITORS GUARANTY FUND UNDER BANKS ANDBANKING)........................................... 97 1 283

WASHINGTON CROP CREDIT ASSOCIATION,Act designated..............................................121 1 384Application, for authority to issue notes.......................121 16 390

fee to accompany........................................121 16 390Articles of, execution and filing...............................121 6 385

perm anent ............................................. 121 8 386tem porary ............................................. 121 7 385

Association authorized.......................................121 3 384classification ........................................... 121 4 384

Business, restrictions........................................121 12 388By-laws ................................................... 121 13 388Capitol Account, establishment.............................. 121 25 395Certificate,

for authority to issue notes...............................121 17 391for authority to file articles of association ................. 121 9 386

Crop credit notes,application for authority to issue........................ 121 16 390

certificate of authority on.......................... 121 17 391fee to accompany...................................121 16 390investigation on filing...............................121 17 391

collateral notes as security for........................... 121 22 393compensation for holding.................................121 21 393default in payment of...................................121 29 396distribution of proceeds of...............................121 20 393general obligations......................................121 22 393form of................................................. 121 19 392issue of.................................................121 19 392payment of.............................................121 23 395

default in ............................................ 121 29 396

(860)

WASHINGTON CROP CREDIT ASSOCIATION.

WASHINGTON CROP CREDIT ASSOCIATION-CoTINUED:Crop credit notes, C. Sec. Page

refunding notes........................................ 121 28 396proceeds of, distribution................................ 121 20 393report of trustees holding............................... 121 24 394rules and regulations governing issuance of ........... ... .121 27 395securities, compensation for holding....................... 121 21 393

121 16 390security for.......................................... 121 18 392

121 22 393

trustees,for holding, report of............................. 121 21 393

121 24 394

for issuance of, who may be........................ 121 26 395

Director of farm marketing has supervision of ................ 121 5 384bond of, to file........................................ 121 5 384

Fees,application for authority to issue notes................... .121 16 390disposition of.......................................... 121 33 397license, temporary association........................... .121 7 385

permanent association............................... 121 10 386membership, temporary association ...................... 121 7 385

permanent association.............................. 121 8 386Liability under act......................................... 121 30 397Loans authorized to members............................... 121 15 390Management, by board of trustees........................... 121 14 389

Membership,fees, temporary association.............................. 121 7 385

permanent association.............................. 121 8 386Indebtedness, collection and distribution .................. 121 23 395liability of, generally................................... 121 30 397loans, may make from association........... ........... .. 121 15 390qualifications of....................................... 121 3 384sale of own crop, right to make .......................... 121 32 397

Notes of (see Crop Credit Notes, this title).O fficers of................................................. 121 14 389

Permanent,articles of............................................. 121 8 386fees, m em bership....................................... 121 8 386

license and filing................................... 121 10 386purpose and term of.................................. .. 121 2 384

121 4 384

Powers and duties enumerated .............................. 121 11 387R efunding notes............................................ 121 28 396Restrictions governing business hours........................ 121 12 388Scope of act............................................... 121 31 397"Standard Crop" defined..................................... 121 3 384Supervision of, in director of farm marketing................. .121 5 384

Temporary,articles of............................................. 121 7 385

fees, m em bership......................................... 121 7 385license and filing................................... 121 7 385

perm it to do business................................... 121 7 385purpose and term of.................................. 121 2 384

121 4 384T itle of act................................................ 121 1 384

(861)

WASHINGTON CROP CREDIT ASSOCIATION.

WASHINGTON CROP CREDIT ASSOCIATION-CONTINUED:Trustee, Ch. Sec. Page

board of, selection and removal.......................... 121 14 389holding securities, compensation of ...................... 121 21 393

Violations .................................................. 121 34 398Working Capital........................................... 121 25 395

WASHINGTON VETERANS' HOME, appropriation for ............ 155 2 581

WATER DISTRIBUTION DISTRICTS (see IRRIGATION) ........ 106 ... 313

WATERS AND WATER COURSES,Actions, rights pending termination of (see IRRIGATION) .... 103 ... 303Flood prevention, county may remove obstructions from ........ 30 . .. 101Interference with, unlawful....................... ........... 103 2 304

WEED DISTRICTS,Complaints and invdstigations............................... 150 9 567Designation of............................................. 150 4 565Formation of authorized.................................... 150 1 563

procedure for.......................................... 150 2 564hearing on petition................................. 150 3 565

Indebtedness of, limit....................................... 150 8 567Public lands, how Included.................................. 150 7 566Weeds, extermination of, how supervised....................... 150 6 566

WEIGHTS AND MEASURES (see ADMINISTRATIVE CODE).

WELLS, W. V., relief appropriation.............................. 155 2 581

WENATCHEE WATERSHED RESERVE ABOLISHED........... 131 1 487

WEST, LEROY OLIVER, relief appropriation.................... 155 2 581

WEYERHAEUSER TIMBER COMPANY,Abandoned highway conveyed to............................. 91 1 240

WHITMAN COUNTY, appropriation, highway improvement ........ 155 2 581

WILSON, F. C., relief appropriation ............................. 155 2 581

WORDS AND PHRASES,Agricultural products ...................................... 115 1 357Alien ................. ..................................... 50 1 156A ssociation ............................................... 115 1 357Autom obiles ............................................... .96 2 252A uto stage................................................. 92 2 252Auto transportation company................................. 111 1 338Beam of light.............................................. 96 22 268Beneficiary . ............................................... 182 1 720Between fixed termini or over a regular route................. .111 1 338B ribe . ..................................................... 181 4 717Buyer of food fish.......................................... 63 1 183Case of fish................................................ 63 1 183Chiropody .. ................................................ 120 1 380Com m ission ............................................... 111 1 338Corporation ............................................... 111 1 338D ealer .. .................................................... 96 2 252D ependent ................................................ 182 1 720D iffused .................................................. .96 22 268D irector .................................................. 121 5 384Disinfect ................................................. 141 1 507Distributor ................................................. 173 1 669Educational standard....................................... 182 1 720Employer ................................................. 182 1 720

(862)

WORKMEN'S COMPENSATION ACT.,

WORDS AND PHRASES-CONTINUED: Ch.' Sec. PageEngineering work.......................................... 182 1 720Factories ................................................. 182 1 720F or hire................................................... 96 2 252Horticultural inspector...................................... 141 1 507Infected .-................................ ................. 141 1 507

Inheritance ................................................ 50 1 156Injury .................................................... 182 1 720Tntprnal romhijstinn eneine................................... 173 1 669L and ..................................................... 50 1 156

Legal newspaper........................................... 99 1 293

L icense ................................................... 7 98 52

L iquid fuel................................................ 173 1 669Local authorities........................................... 96 2 252

M anufacturer ...................... ........................ 60 1 178M em bers .................................................. 115 1 357

M ill ...................................................... 182 1 720

Mine ..................................................... 182 1 720M ortgage ................................................. 50 1 156M otor cycle . ............................................... 96 2 252M otor truck ............................................ 96 2 252

1 108 1 322M otor vehicle ........................................... .. .92 2 252

108 1 322N et profit................................................. 124 1 401N ursery stock.............................................. 141 1 507Operation and maintenance................................. 155 2 581O perator ................................................. 96 2 252Outlay .................................................... 155 2 581O w n .. ..................................................... 50 1 156Peace officer............................................... 96 2 522

r 50 1 156P erson ................................................. 111 1 338

115 1 367Privately owned.....................!...................... 96 2 252Public highway........................................... .. 96 2 252

111 1 338Q uarry ................................................... 182 1 720R etail dealer............................................... 63 1 183Rodent .................................................... 140 1 502Salaries and wages......................................... 155 2 581Supplies, material and service.............................. 155 2 581Title ...................................................... 50 1 156T railer ................................................... 96 2 252Victory and Admission day................................... 56 1 171W orkm an ................................................. 182 1 720W orkshop ................................................ 182 1 720

WORKMEN'S COMPENSATION ACT,

Accident fund, money due from, not subject to assignment.... 182 6 726Awards not subject to assignment........................... 182 6 726

alien beneficiary, limitations............................. 182 6 726payment of, after death................................ 182 6 726

Beneficiaries, aliens are limited............................. 182 6 726Contractors on private work, owners surety for .............. 152 S 728Compensation, application for............................... 182 7 727

certificate of physician to accompany.................... 182 7 727County assessors to furnish list of employers ................ 182 4 724Credits, proportional....................................... 182 16 739

(863)

WORKMEN'S COMPENSATION ACT.

WORKMEN'S COMPENSATION ACT-CONTINUED: Ch. Sec. PageDefinition ................................................. 182 2 720Dependents, who are........................................ 182 2 720Director of labor and industries, powers and duties of ....... .182 9 730

182 1 719Educational standards, non-compliance with .................. 182 14 738

penalty .. ... ............ 182 15 739

Employers,county assessors to furnish list of ........................ 182 4 724temporary, defined...................................... 182 3 724

contribution fixed................................... 182 3 724Employments, extra hazardous enumerated ................... 182 1 719Injury away from plant and caused by third party,

assignment to state of right of action .................... 182 2 720compromise, state to approve............................ 182 2 720workman may elect to sue .............................. 182 2 720

Medical aid,artificial substitute..................................... 182 11 733classifications for...................................... 182 10 730contributions to........................................ 182 10 730emergency treatment................................... 182 12 735first aid kit to be kept.................................. 182 11 733hospital care authorized................................ 182 11 733lieu contracts for....................................... 182 12 735

approval required.......................... ........ 182 12, 735penalties, merit ratihg.................................. 182 10 730physician and surgeon, employee may select.............. 182 11 733transportation expenses................................. 182 11 733

Municipalities subject to act................................ 182 8 728Proportional credits........................................ 182 16 739Public works, liability of municipalities for premiums ......... .182 8 728Safety standards, non-compliance with, penalty................ 182 13 737State, counties, etc., subject to act.......................... 182 8 728

WITNESSES, POLL TAX TO BE DEDUCTED FROM PAY OF.... 174 7 677

WOMEN, LICENSE TO HUNT AND FISH UNNECESSARY ...... 37 9 131

WOMEN IN INDUSTRY, SUPERVISION OF.................... 7 77 41

WRITS OF REVIEW, from superior court decisions on appeal fromdirector of licenses..................................... 7 106 57

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SESSION LAWS - Washington State Legislature